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HomeMy WebLinkAbout12-28-2015 Council PacketEXPANDED AGENDA CITY COUNCIL AGENDA Monday, December 28, 2015 City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. a) Public Safety Vehicle Capital Replacement Plan b) Public Services Vehicle Capital Replacement Plan (Discussion of Items la and lb was postponed) 2. Review Regular Agenda ECONOMIC DEVELOPMENT AGENCY (EDA) 6:00 P.M. See separate agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Roll Call - Council Members Rafferty, Kusterman, Roeser, Stoesz and Mayor Reinert were present ➢ Pledge of Allegiance ➢ Open Mike / Public Comment - none ➢ Setting the Agenda: Addition or deletion of agenda items The agenda was amended to remove Item 2A SPECIAL PRESENTATION Presentation to Council Members Dave Roeser and Dale Stoesz A reception honoring the council members will follow the council meeting 1. CONSENT AGENDA A) Consideration of Expenditures: i) December 28, 2015 (Check No. 102834 through 102944) in the amount of $342,392.79; ii) Centennial Fire District, Check No. 7139 through 7254 in the amount of $57,850.15 B) Consider approval of December 7, 2015 Work Session Minutes C) Consider approval of December 14, 2015 Council Meeting Minutes D) Consider approval of December 14, 2015 Closed Council Minutes Council Agenda -2- December 28, 2015 EXPANDED AGENDA Action Taken: Motion by Roeser, seconded by Kusterman, to approve the Consent Agenda, Items 1A — 1D, as presented, was adopted 2. FINANCE DEPARTMENT A) Consider Resolution No. 15 154, Authorizing the Issuance of 2016 Certificates of Indebtedness, Sarah Cotton (deleted from agenda) 3. ADMINISTRATION DEPARTMENT A) CenturyLink Franchise Ordinance, Jeff Karlson i. Consider 2nd Reading of Ordinance No. 13-15, Granting a Cable Television Franchise to CenturyLink Action Taken: Motion by Roeser, seconded by Kusterman, to approve the 2"d Reading and adoption of Ordinance No. 13-15 as presented, was adopted: Yeas, 5; Nays none ii. Consider Resolution No. 15-151, Approving a Summary of Ordinance No. 13-15 for Publication Action Taken: Motion by Roeser, seconded by Kusterman, to approve Resolution No. 15-151 as presented, was adopted B) Consider 2nd Reading of Ordinance No. 14-15, Regulating Joint Powers Agreements, Jeff Karlson Action Taken: Motion by Rafferty, seconded by Stoesz, to approve the 2"d Reading and adoption of Ordinance No. 14-15 as presented, was adopted: Yeas, 5; Nays none 4. PUBLIC SAFETY DEPARTMENT A) Consider Resolution No. 15-153, Approving Change Order No. 2, Lino Lakes Fire Station, John Swenson Action Taken: Motion by Kusterman, seconded by Rafferty, to approve Resolution No. 15-153 as presented, was adopted B) Consider Hiring Paid On -Call Firefighter Action Taken: Motion by Kusterman, seconded by Roeser, to approve the hiring of Westley Thole as recommended, was adopted C) Public Safety Department Update, John Swenson 5. PUBLIC SERVICES DEPARTMENT A) Consider Resolution No. 15-152, Approving Plans and Specifications and Authorizing Advertisement for Bids, Water Tower #1 Reconditioning Project, Rick DeGardner Action Taken: Motion by Rafferty, seconded by Stoesz, to approve Resolution No. 15-152 as presented, was adopted Council Agenda -3- December 28, 2015 EXPANDED AGENDA 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 15-155, Accepting Quotes and Awarding the Construction Contract for the 2015 Surface Water Management Project, Michael Grochala Action Taken: Motion by Kusterman, seconded by Roeser, to approve Resolution No. 15-155 as presented, was adopted 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Motion to adjourn by Roeser, seconded by Stoesz, adopted on a voice vote Community Calendar — A Look Ahead December 28, 2015 through January 11, 2016 4- Monday, January 4 6:00 pm, Community Room Council Work Session 4- Thursday, January 7 8:00 am, Community Room EDAC - Monday, January 11 6:30 pm, Council Chambers City Council Meeting CITY COUNCIL AGENDA Monday, December 28, 2015 City Council Meeting 6:30 p.m. (Scheduled to be broadcast on Channel 16) City Council: Mayor Reinert, Council Members Kusterman, Rafferty, Roeser & Stoesz City Administrator: Jeff Karlson COUNCIL WORK SESSION, 5:30 P.M. Community Room (not televised) 1. a) Public Safety Vehicle Capital Replacement Plan b) Public Services Vehicle Capital Replacement Plan 2. Review Regular Agenda ECONOMIC DEVELOPMENT AGENCY (EDA) 6:00 P.M. See separate agenda CITY COUNCIL MEETING, 6:30 P.M. ➢ Call to Order and Roll Call ➢ Pledge of Allegiance ➢ Open Mike / Public Comment ➢ Setting the Agenda: Addition or deletion of agenda items SPECIAL PRESENTATION Presentation to Council Members Dave Roeser and Dale Stoesz A reception honoring the council members will follow the council meeting 1. CONSENT AGENDA A) Consideration of Expenditures: i) December 28, 2015 (Check No. 102834 through 102944) in the amount of $342,392.79; ii) Centennial Fire District, Check No. 7139 through 7254 in the amount of $57,850.15 B) Consider approval of December 7, 2015 Work Session Minutes C) Consider approval of December 14, 2015 Council Meeting Minutes D) Consider approval of December 14, 2015 Closed Council Minutes 2. FINANCE DEPARTMENT A) Consider Resolution No. 15-154, Authorizing the Issuance of 2016 Certificates of Indebtedness, Sarah Cotton Council Agenda -2- December 28 2015 3. ADMINISTRATION DEPARTMENT A) CenturyLink Franchise Ordinance, Jeff Karlson i. Consider 2nd Reading of Ordinance No. 13-15, Granting a Cable Television Franchise to CenturyLink *Council may vote to dispense with full reading of the ordinance *Roll call vote is required for adoption of the ordinance ii. Consider Resolution No. 15-151, Approving a Summary of Ordinance No. 13-15 for Publication B) Consider 2nd Reading of Ordinance No. 14-15, Regulating Joint Powers Agreements, Jeff Karlson *Council may vote to dispense with full reading of the ordinance *Roll call vote is required for adoption of the ordinance 4. PUBLIC SAFETY DEPARTMENT A) Consider Resolution No. 15-153, Approving Change Order No. 2, Lino Lakes Fire Station, John Swenson B) Consider Hiring Paid On -Call Firefighter C) Public Safety Department Update, John Swenson 5. PUBLIC SERVICES DEPARTMENT A) Consider Resolution No. 15-152, Approving Plans and Specifications and Authorizing Advertisement for Bids, Water Tower #1 Reconditioning Project, Rick DeGardner 6. COMMUNITY DEVELOPMENT DEPARTMENT A) Consider Resolution No. 15-155, Accepting Quotes and Awarding the Construction Contract for the 2015 Surface Water Management Project, Michael Grochala 7. UNFINISHED BUSINESS None 8. NEW BUSINESS None Adjournment Community Calendar — A Look Ahead December 28, 2015 through January 11, 2016 4- Monday, January 4 6:00 pm, Community Room Council Work Session al- Thursday, January 7 8:00 am, Community Room EDAC Monday, January 11 6:30 pm, Council Chambers City Council Meeting WS — Item lA WORK SESSION STAFF REPORT Work Session Item Date: December 28, 2015 To: City Council From: John Swenson, Director of Public Safety Re: Public Safety Vehicle Capital Replacement Plan Background As part of the 2016 Budget Adoption discussion, during the Council Work Session on December 7, 2015, Council members requested more information on the 2016 Capital Replacement Schedule and directed staff to remove the 2016 Capital Replacement portion of the 2016 Budget which was adopted at the December 14, 2015 City Council Meeting. The current inventory for the Public Safety Department is: Fire Division: YEAR DESCRIPTION MILEAGE HOURS ORIGIN 1991 Ford L8000 Toyne 250GPM/1800 Gal Tank 15,212 1,241 CFD 1995 Ford L8000/Custom Fire 1500GPM/750 Tank 71,336 Not Working Woodbury 2000 Freightliner Toyne 1250GPM/500 Tank/ 75 ft. 29,591 NA CFD 1994 Chev S10 PU - Grass Unit 13,650 N/A CFD 2004 Ford F150 Disctrict Chief 72,479 NA CFD 2012 Zodiac Boatw/trailer NA NA CFD 2000 Polaris UTV Grass Equipped w/ trailer 134.4 NA CFD 1997 Yamaha Snowmobile 255.9 NA CFD 1992 Ford L8000 Toyne 250GPM/1800 Gal Tank 11,995 1,731 CFD 1995 Ford L8000/Custom Fire 1500GPM/750 Tank 62,844 Not Working Woodbury 1994 GMC PU Grass Unit 18,043 NA CFD 2013 Ford F350 Resue 21 16,070 NA CFD 2009 Ford Escape District Chief 77,702 NA CFD 2004 Ford Expedition Fire Investigation/Inspection 93,809 NA CFD 2015 Ford Explorer AWD 4DR Deputy Director 9,634 NA Purchase 2015 Ford Explorer AWD 4DR Public Safety Capt. 7,638 NA Purchase The above vehicle inventory list represents the Lino Lakes Fire Division vehicle inventory effective January 30, 2016. As presented and discussed at the February 2, 2015 Council Work Session (staff report attached), staff has engaged in a process to identify a fire vehicle replacement plan that meets all industry standards, addresses all community needs in an effective and efficient manner, and most importantly puts the safety of our community members and staff as priority one. Staff recommendation for 2016 fire vehicle replacement remains the same. Staff recommends that Lino Lakes purchase two light rescue/mini pumpers in 2016. The cost of the recommended purchase is a total of $450,000 ($225,000 each). Staff recommends this purchase be funded with the dollars apportioned to Lino Lakes from the Centennial Fire District (CFD) Capital Replacement fund. Utilizing these funds in this manner is consistent with the intended use of capital replacement funds and enables the City to reduce bonding costs for equipment. The City of Lino Lakes portion of the CFD Capital Replacement fund is projected to be $744,332.41. This projected balance does not include any assets that have been purchased since the August 2014 asset distribution process. These new assets will be distributed as outlined in the JPA during the CFD Operations Committee meeting on January 14, 2016, and ratified by the CFD Steering Committee at its January 28, 2016 meeting. The purchase of two light rescue/mini pumpers will: 1. prolong the useful life of aged fire vehicles in our fleet; 2. address significant repair costs and out of service time for older apparatus; 3. reduce the size of the fire vehicle inventory; 4. improve the City of Lino Lakes Insurance Services Office (ISO) fire vehicle rating score; and 5. provide options to reduce future replacement costs. As noted in the February 2, 2015 presentation and report to Council, the light rescue/mini pumpers would be utilized as "first out" vehicles on nearly all of the fire calls for service in Lino Lakes. This will enable El 1 and E21 to be utilized as "second out" vehicles, greatly reducing their usage in the hopes of prolonging their useful life. Since purchasing Ell and E21 used from City of Woodbury in spring of 2015, the apparatus has been used for training staff. To date in 2015, Lino Lakes has incurred a total of $15,514.59 in repair costs for these pieces of apparatus. E21 was utilized more frequently for training and consequently accounted for $10,155.69 of the total repairs and Ell was utilized less frequently and accounted for $5,358.90. This demonstrates that increased usage will likely result in increased repair costs. With the purchase of two light rescue/mini pumpers, staff would recommend that fire vehicle inventory be reduced as follows: 1. Sell both grass units (1994 Chev S10 and 1994 GMC PU) which are outfitted for use during grass fires. The new light rescue/mini pumper can be utilized in the same fashion and will provide more equipment and better service in response to grass fires. 2. Upon a complete evaluation of Rescue 21 by the City's mechanic, a determination regarding whether Rescue 21 would be sold or transferred for use within the City fleet to replace current asset. The net result of this purchase would be a reduction in the Fire Division vehicle inventory by one vehicle. Staff has analyzed the ISO scoring tables for fire vehicles and determined that the purchase of two light rescue/mini pumpers would improve the City Lino Lakes ISO rating by 1,248 points (624 points per unit). With the fire vehicle inventory as on January 30, 2016, Lino Lakes ISO fire vehicle score will be 2,430 points. With the addition of the two light recue/mini pumpers, the ISO fire vehicle score would increase to 3,668. As Council may recall from previous discussion on fire matters, the ISO rating system is utilized by some insurance companies to set homeowners insurance premiums. The increased ISO scoring could result in some residents obtaining a lower homeowners insurance premium. The purchase of the two light rescue/mini pumpers will provide opportunities to reduce future fire vehicle replacement costs. The proposed light rescue/mini pumper vehicles are built on Ford F550 chassis with custom built fire components and pump. This will allow future replacement of these light rescue/mini pumpers to be accomplished by purchasing a new chassis and placing the custom built fire components and pump on the chassis. Police Division: UNIT YEAR DESCRIPTION ASSIGNED MILEAGE 385 2011 Chev Impala Unmarked Vehicle Admin 90,992 397 2015 Ford Explorer Police Admin AWD 4DR Unmarked Admin 8,206 380 2008 Chev Impala Unmarked Vehicle Invest 104,438 390 2009 Toyota Corolla Unmarked Invest 85,661 379 2009 Ford Taurus Unmarked Invest 108,001 391 2004 Nissan Xterra Unmarked Invest Totaled Nov. 2015 381 2013 Ford ExplorerAWD 4DR Marked Patrol 69,225 383 2013 Ford ExplorerAWD 4DR Marked Patrol 51,630 384 2013 Ford Interceptor AWD 4DR Marked Patrol 55,699 386 2013 Ford Explorer AWD 4DR Marked - K9 Patrol 50,000 387 2013 Ford Explorer AWD 4DR Marked Patrol 54,264 388 2013 Ford ExplorerAWD 4DR Marked Patrol 48,319 392 2014 Ford Explorer Police AWD 4DR Marked Patrol 17,872 393 2014 Ford Explorer Police AWD 4DR Marked Patrol 26,450 394 2014 Ford Explorer Police AWD 4DR Marked Patrol 19,846 395 2014 Ford Explorer Police AWD 4DR Grey Patrol 42,027 396 2015 Ford Explorer Police AWD 4DR Marked Patrol 8,014 399 2015 Ford Explorer Police DUI AWD 4DR Unmarked Patrol 3,782 313 2006 Ford F-250 Police Pickup Marked CSO/Reserve 142,616 378 2011 Ford Crown Victoria Marked CSO/Reserve 65,043 382 2013 Ford Interceptor AWD 4DR Marked CSO/Reserve 39,502 323 2007 Ford Crown Victoria Marked PIT Trng Veh ONLY Special Detail 101,034 364 2008 Ford Crown Victoria Marked PIT Trng Veh ONLY Special Detail 128,480 2002 Bombadier Qwest ATV (Forfeit) Special Detail Not Working 2001 Polaris Snowmobile Special Detail NA The police division fleet is divided into four categories: patrol vehicles, investigations vehicles, special detail vehicles, and administrative vehicles. Patrol vehicles are dedicated to the patrol section and equipped with all the instruments necessary for police response and cross trained fire response. There are currently twelve vehicles assigned to the patrol section with one vehicle assigned to the K9 team and one assigned to the traffic safety officer. This equates to ten patrol vehicles available to staff assigned to the patrol section. There are four vehicles assigned to the five members of the investigation section. These vehicles are unmarked but have lights and emergency medical equipment. These vehicles are also used by staff for surveillance and "follow" details. Currently, the investigation section is down one vehicle as noted in the table above since unit 391 was involved in a property damage accident and was "totaled" by the City's insurance provider. Community Service Officer and Police Reserve functions have three vehicles assigned. These vehicles are not fully equipped for use in patrol section, rather they are equipped to provide assistance to the patrol section with prisoner transport, traffic direction at accident scenes or special events, and visible presence in the community. There are two police administrative vehicles assigned to the Director and Deputy Director — Police Division. Administrative vehicles are used for supervisor/management emergency response to police and fire scenes. These vehicles have also been used to supplement both the patrol and investigation sections when needed. There are four vehicles assigned as Special Detail. Two of these vehicles (units 323 and 364) are outfitted with equipment for Pursuit Intervention Tcehnique (PIT) training and as such are only utilized for this specific purpose. Having these PIT training vehicles has enabled staff to conduct this training in-house saving training costs and remaining compliant with state mandated training. The snowmobile and four -wheeler are the other two vehicles assigned as Special Detail. The snowmobile and four -wheeler are utilized in specific instances such as limited access to remote areas not accessible by patrol vehicles, during special events, youth snowmobile training, and trail enforcement and patrol efforts. With the snowmobile and UTV in the fire division vehicle inventory, staff will be evaluating what the community's needs are and ensuring we do not have redundant equipment in the Public Safety Department fleet inventory during 2016. The vehicle replacement schedule only addresses police vehicles assigned to the patrol section and one vehicle assigned to the CSO. This allows staff to make decisions about replacement and rotation of vehicles in a manner that ensures the police fleet inventory addresses community needs at the lowest cost. This practice also ensures the vehicles performing the most demanding work, patrol vehicles, remain a top priority. Vehicles assigned to patrol are also used in a consistent manner which affords staff to apply best practice metrics for making vehicle replacement decisions that are in the best interest of public safety while remaining fiscally responsible. There are two rubrics we use when determining the appropriate number of vehicles in the fleet. The first measurement is "maximum planned use" and the second is the "fleet management miles per year/maintenance" as recommended by the International City/County Management Association. The industry standard is a 3 year replacement schedule, but many vehicles are extended past three years when the following factors are considered on a vehicle by vehicle basis: • Current mileage or engine hours • Current mechanical condition and anticipated repairs • Previous accidents or repetitious failures • Trade-in or resale value Maximum planned use: Patrol officers are scheduled on a 9.5 hour day, 6 day on 4 day off rotation. This schedule allows for overlap of peak hours while maintaining a 2 officer minimum at all times. There are three overlap periods a day. If we are scheduled at minimums, we need 4 cars during the overlap period. If we are staffed above minimums, we could need as many as 6 cars during shift overlap. Officers are assigned traffic detail at Eaglebrook Church (EBC) every Saturday and Sunday. The Saturday service occurs during shift overlap, bringing the number of squads needed between 6 and 8. In addition to patrol and Eaglebrook, Officers also work special grant funded traffic details. In the first 11 months of 2015, there were 95 grant funded details. All of them occurring during a shift overlap time. Special details bring the needed number of assigned cars to between 8-10. We must also take squad issues and repairs into account. During 2015, squad 387 was out of service for over a month as we waited for a replacement part, 383 was down for three weeks with a power supply issue, and 383 was out of service for over 5 months while a battery issue was investigated. It is not uncommon to have two or three squads out of service at any given time. Another issue unique to the patrol squads is the compatibility between the squad camera and the assigned squad computer. With the current video hardware, you cannot take the tablet computer from one squad and put it into another. This results in a squad cars being out of service each time a squad computer is out of service. Miles per year/maintenance: The International City/County Management Association (ICMA) uses maintenance costs and mileage to determine the appropriate number of squad cars in a fleet. They suggest enough squads in a fleet to keep yearly mileage totals below 20,000 miles per vehicle. Their research has shown that, "after the threshold of 20,000 miles driven per vehicle, other maintenance costs per vehicle become much larger" (ICMA journal June 21, 2012). Squads are assigned and rotated based on mileage in an attempt to keep each below 20,000 miles per year. In 2013, we averaged 18,527 miles on each patrol vehicle. In 2014, we averaged 19,045 mille per vehicle. To minimize costs, we use many parts from the vehicles that we are retiring from service and put them in new squads. This is a time intensive process and both vehicles are out of service until the new squad is outfitted. This creates the false impression of an increase in vehicles. If we are retiring three cars, and outfitting three new cars, it appears on paper as if we have six cars, when really none of them are suitable for patrol. Based on current community needs, the current state of the police division vehicles, and industry best practices standards; staff is recommending the purchase of four vehicles for use in the police fleet. Once authorized to make the purchase of the vehicles, it will take five to six months to have new vehicles in operation in the fleet, which equates to the mileage on the patrol vehicles to increase by 8,000 to 10,000 in that timeframe. Given this fact, staff will determine what vehicle replacement and rotations will take place when the new vehicles are available for deployment. Top priority will be given to replacing unit 313, rotating a vehicle into investigations to replace unit 391, and rotating the final Ford Crown Victoria (current assigned to Police Reserves) out to the fleet. The police division requires twenty one vehicles to operate within the industry best practices. Currently, the police division is operating at twenty vehicles since unit 391 was totaled in a property damage accident. Not included in the twenty one vehicles are the vehicles assigned as "Special Detail", as they are not used on a daily basis. Attached to this report are Staff Report from February 2, 2015 Council Work Session, Police Division Vehicle Replacement Schedule, and the Fire Division Vehicle Replacement Schedule. Attachments Council Work Session Staff Report — February 2, 2015 Police Division Vehicle Replacement Schedule Fire Division Vehicle Replacement Schedule WS — Item 3 WORK SESSION STAFF REPORT Work Session Item Date: February 2, 2015 To: City Council From: John Swenson, Director of Public Safety Re: Fire Apparatus/Vehicle Capital Replacement Plan Background During the Council Meeting on June 2, 2014, Council approved Resolution 14-50 which directed staff to integrate fire services for the City of Lino Lakes into the Public Safety Department. In order to effectively and efficiently plan to address the community needs for fire protection apparatus and vehicles, staff has: • reviewed the Centennial Fire District apparatus replacement plan, • reviewed available maintenance and repair records, • researched other fire organization's replacement and maintenance plans, • met with the staff at Emergency Apparatus Maintenance, • spoke with manufacturers of fire apparatus. The below table compares the Centennial Fire District (CFD) replacement plan with the LLPSD Fire Division proposed plan as well as provides a cost forecast for the purchase of fire apparatus, VEHICLE/APPARATUS • CFD SCHEDULE* LINO LAKES PROSPOSED SCHEDULE COST FORECAST Tanker 31 - 1992 2016 2018 $300,000 Tanker 21 - 1991 2017 2019 $300,000 Aerial21 - 2000 2018. 2025 $1,300,000 G521 - Chev S10 - 1994 2020 ** $125,000 G531 GMC P/U - 1994 2020 ** $125,000 Rescue 21 - 2013 Not Listed ** $110,000 Staff - Ford Expedition - 2004 2015 2016 Rotate from Police Fleet Staff - Ford Escape - 2009 2019 2016 Rotate from Police Fleet Inspection Ford F-150 - 2004 Not Listed 2016 Rotate from Police Fleet Zodiac Boat Not Listed 2022 $30,000 Yamaha Snowmobile - 1997 Not Listed Evaluate in 2016 Polaris UT14 w/trailer - 2000 Not Listed Evaluate in 2016 Woodbury EN 9517 - 1995 *** 2022 $550,000 Woodbury EN 9518 - 1995 *** 2023 $550,000 Light Rescue/Brush ** 2016 $225,000 Light Rescue/Brush ** 2016 $225,000 Deputy Director - 2015 2020 $36,000 * Based on CFD 2014 Budget documents **G521, G531 & Rescue 21 - sold with purchase of 2 Lt Rescue/Brush *** If Council approves the purchase of this equipment As the above table demonstrates, the apparatus which Lino Lakes will take possession of as part of the distribution of the CFD assets is at or near the end of its useful life per National Fire Protection Association (NFPA) guidelines. It should be noted the apparatus which is Circle Pines and Centerville will take possession of are also at or near the end of its useful life per NFPA guidelines. The proposed replacement schedule for fire apparatus is based on the assumption that Lino Lakes purchases two used fire vehicles from Woodbury (presented in Council Work Session Agenda item #1) for use as engines/pumpers in the Lino Lakes response plan. After reviewing available repair and maintenance documents and meeting with EAM and other fire professionals, staff is confident that through proper budgeting for repairs and maintenance the proposed apparatus/vehicle replacement schedule is a responsible use of equipment in a manner that will provide financial efficiencies. Utilization of the apparatus in this manner will afford our community the opportunity to extend the replacement of fire apparatus and ensures that we address all community needs for fire protection. Requested Council Direction Staff is seeking Council input on this item. LINO LAKES PUBLIC SAFETY DEPARTMENT POLICE DIVISION REPLACEMENT SCHEDULE UNIT YEAR DESCRIPTION MILEAGE REPLACEMENT DATE REPLACEMENT COST EST. 313 2006 Ford F-250 Police Pickup Marked 142,616 2016 36,000.00 381 2013 Ford Explorer AWD 4DR Marked 69,225 2016 36,000.00 384 2013 Ford Interceptor AWD 4DR Marked 55,699 2016 36,000.00 385 2011 Chev Impala Unmarked Vehicle 90,992 2016 36,000.00 387 2013 Ford Explorer AWD 4DR Marked 54,264 2016 36,000.00 383 2013 Ford Explorer AWD 4DR Marked 51,630 2017 36,500.00 388 2013 Ford Explorer AWD 4DR Marked 48,319 2017 36,500.00 394 2014 Ford Explorer Police AWD 4DR Marked 19,846 2017 36,500.00 395 2014 Ford Explorer Police AWD 4DR Grey 42,027 2017 36,500.00 386 2013 Ford Explorer AWD 4DR Marked 50,000 2018 36,500.00 392 2014 Ford Explorer Police AWD 4DR Marked 17,872 2018 36,500.00 393 2014 Ford Explorer Police AWD 4DR Marked 26,450 2018 36,500.00 396 2015 Ford Explorer Police AWD 4DR Marked 8,014 2021 36,500.00 LINO LAKES PUBLIC SAFETY DEPARTMENT FIRE DIVISION REPLACEMENT SCHEDULE UNIT YEAR DESCRIPTION MILEAGE REPLACEMENT DATE REPLACEMENT COST EST. U-11 1994 *Chev S10 PU - Grass Unit 13,650 Replace w/Light Rescue U-21 1994 *GMC PU Grass Unit 18,043 Replace w/Light Rescue R-11 2013 *Ford F350 Resue 21 16,070 Replace w/Light Rescue T-21 1991 Ford L8000 Toyne 250GPM/1800 Gal Tank 15,212 2018 350,000.00 T-11 1992 Ford L8000 Toyne 250GPM/1800 Gal Tank 11,995 2019 350,000.00 600 2015 Ford Explorer AWD 4DR Deputy Director 9,634 2020 36,000.00 603 2015 Ford Explorer AWD 4DR Public Safety Capt. 7,638 2020 36,000.00 2012 Zodiac Boat w/ trailer NA 2022 25,000.00 E-11 1995 Ford L8000/Custom Fire 1500GPM/750 Tank 62,844 2022 550,000.00 E-21 1995 Ford L8000/Custom Fire 1500GPM/750 Tank 71,336 2023 550,000.00 A-21 2000 Freightliner Toyne 1250GPM/500 Tank/ 75 ft. 29,591 2025 1,500,000.00 1-1 2004 Ford Expedition Fire Investigation/Inspection 93,809 Evaluate 2016 **36000.00 C-4 2004 Ford F150 Disctrict Chief 72,479 Evaluate 2016 **36000.00 2000 Polaris UTV Grass Equipped w/ trailer 134.4 Evaluate 2016 25,000.00 1997 Yamaha Snowmobile 255.9 Evaluate 2016 12,000.00 C-3 2009 Ford Escape District Chief 77,702 Evaluate 2016 **36000.00 * Proposed to rotate out of fleet with 2016 capital vehicle purchase. ** Staff to evaluate rotation schedule for police patrol fleet. WS — Item 1B WORK SESSION STAFF REPORT Work Session Item No. 1B Date: December 28, 2015 To: City Council From: Rick DeGardner, Public Services Director Re: Public Services Vehicle Capital Replacement Plan Background As part of the 2016 Budget Adoption discussion, during the Council Work Session on December 7, 2015, Council members requested more information on the 2016 Capital Replacement Schedule and directed staff to remove the 2016 Capital Replacement portion of the 2016 Budget which was adopted at the December 14, 2015 City Council Meeting. The current Vehicle Replacement Schedule (non -Public Safety vehicles) is attached. Estimated purchase prices are listed for items scheduled for purchase within the next three years. Listed below is the standard replacement schedule for each vehicle type. VEHICLE TYPE # YEARS Dump Truck 13 Loader 13 Street Sweeper 13 Tanker Truck 20 Blacktop Roller 20 Backhoe 20 3/4 Ton Truck 9 1 Ton Truck w/ Plow 9 1 Ton Truck w/ Hoist 9 1/2 Ton Truck 9 1/2 Ton Truck w/ Plow 9 Case Skid Loader 13 Tractor 13 During the annual budgeting process, staff adjusts the replacement schedule based on a review of the condition of vehicles, historical maintenance and repairs, current needs, resale/trade in value, etc. The Following Vehicles are recommended for purchase in 2016: Ford Dump Truck with Plow ($220,000) — Replaces Unit #249, a 2004 Sterling L8000 Dump Truck (74,000 miles). Since Unit #249 spends the winter months operating in a constant mist of salt and saltwater, the undercarriage is extremely rusty. Also, we are starting to see an upswing in the amount of repairs needed to keep this vehicle on the road. For example, we have had to replace the rear sander/salt spreader because the previous one was severely rusted. During our first snowfall of the year, this vehicle developed a large power steering leak requiring the mechanic to deliver power steering fluid in order to keep it on the road during the snowstorm. It was later determined that the steel reservoir that holds the power steering fluid had rusted through. Any significant downtime of a plow truck during a snowstorm will considerably increase the amount of time needed to clear the streets (resulting in possible overtime for the other plow truck operators). We attempt to keep our large plow trucks in as good of condition as possible, which is why we make it a priority that they are all stored indoors. Ford F-150 4x4 Pickup — Replaces Unit #223, a 2007 Ford F-150 pickup (101,000 miles) used in the Utilities Department. This vehicle is one of our higher mileage vehicles and we are starting to see an upswing in the amount of repairs needed to keep this vehicle operational. The utilities department tends to do a lot of driving (station checks every morning, appointments all around the city) and their vehicles tend to rack up a lot more miles than some of the other departments. This is one of the vehicles that is often stored outdoors and all of the steering and suspension components are starting to show a lot of rust and corrosion. The rust, in combination with the high mileage of the vehicle and the abuse it sees plowing snow, is starting to cause a lot of issues. One of the rear leaf springs recently rusted completely through. We also replaced the lower steering shaft because the U -joints in the shaft had become so corroded and rusted that they would cause the steering wheel to suddenly become very hard to turn. It became a safety issue to the point where the driver no longer felt safe driving the vehicle. Chevy %2 Ton 4x4 Pickup — Replaces Unit #401, a 2006 Chevrolet Silverado 1500 (76,000 miles). Tim Payne, Streets Supervisor was the primary driver for Unit #401. The recent part time building inspector is now driving Unit #401 which has left Tim Payne without a pickup. It is my recommendation to purchase the replacement vehicle for the 2006 Chevrolet Silverado 1500, but retain this vehicle for the Building/Fire Inspection position that will be staffed in 2016. Attachments Vehicle Replacement Schedule VEHICLE REPLACEMENT SCHEDULE UNIT # YEAR DESCRIPTION REPLACEMENT AMOUNT YEAR 223 2007 Ford F-150 4x4 Pickup 2016 $35,000 249 2004 Ford L8511 Dump Truck 2016 $220,000 401 2006 Chev 1/2 Ton 4x4 Pickup 2016 $28,000 $283,000 114 1990 Case 1845C Skid Steer 2017 $70,000 139 2006 Polaris Ranger ATV 2017 $20,000 206 2005 GMC 1 Ton 4x4 2017 $52,000 209 2006 Chev 1/2 Ton 4x4 Pickup 2017 $30,000 208 2006 Chev 1 Ton 4x4 2017 $53,000 211 2007 Chev 1 Ton 4x4 Truck 2017 $53,000 219 2009 Chev 1/2 Ton 4x4 2017 $36,000 $314,000 119 2001 John Deere LV4100 Tractor 2018 $20,000 212 2008 Ford 3/4 Ton 4x4 Pickup 2018 $40,000 402 2009 GMC 1 Ton 4x4 Truck 2018 $53,000 434 2001 Sterling Flusher Truck 2018 $200,000 $313,000 135 2004 John Deere 4710 Tractor 2019 213 2008 Ford 3/4 Ton 4x4 Pickup 2019 214 2008 Chev 1 Ton 4x4 Truck 2019 231 2010 GMC 1/2 Ton 4x4 Truck 6 1/2' Box 2019 232 2010 GMC 1/2 Ton 4x4 Truck 8' Box 2019 117 2002 John Deere 6410 Tractor 2020 140 2007 John Deere 5525 Tractor 2020 200 2007 Sterling Single Axle Dump Truck 2020 250 2011 Ford F-250 4x4 Pickup 2020 403 2011 GMC Sierra 3500 2020 502 2011 Ford F-150 4x4 Pickup 2020 525 2004 Ford F-450 Utility Truck 2020 224 2007 John Deere 544 Loader 2021 225 2012 Ford F-350 4x4 Pickup 2021 802 2006 Ford F-350 Recreation Van 2022 215 2008 Ford Sterling Dump Truck 2022 218 2010 Ford Sterling L850 Dump Truck 2022 254 2013 GMC Sierra 3500 4WD Truck 2022 253 2012 Bobcat Fseries Toolcat Skidsteer 2023 404 2014 Bobcat 5600 T4 ToolCat & Snowblower 2023 255 2015 F350 4x4 Reg Chas Cab DRW 2024 256 2015 F550 4x4 Reg Chas Cab DRW 2024 503 2015 Ford F250 4x4 Reg Cab SS SRW 2024 803 2015 GMC Sierra 4wd Reg Cab Pickup 2024 252 2012 Pelican Sweeper 2025 406 2012 John Deere 3720 Tractor 2025 239 1993 Ford L8000 Bucket Truck 2026 210 2015 Mack Truck 2028 251 2011 420EH2 Backhoe 2031 12/23/2015 LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MEETING Monday, December 28, 2015 6:00 P.M. City Council Chambers AGENDA 1. Call to Order and Roll Call 2. Consideration of Minutes of May 11, 2015 3. Consideration of Resolution No. 15-04 Approving Purchase and Sale Agreement with D.R. Horton Inc. -Minnesota, Legacy at Woods Edge Property 4. Adjourn EDA MINUTES May 11, 2015 DRAFT CITY OF LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MINUTES DATE : May 11, 2015 TIME STARTED : 6:05 p.m. TIME ENDED : 6:18 p.m. MEMBERS PRESENT : EDA Members Kusterman, Reinert, Rafferty, Stoesz and Roeser MEMBERS ABSENT : none OTHERS PRESENT: : Administrator Jeff Karlson; Community Development Director Michael Grochala; Finance Director Al Rolek; Public Safety Director Swenson; City Clerk Julie Bartell The meeting was called to order at 6:05 p.m. by President Roeser. CONSIDERATION OF THE MINUTES OF MARCH 23, 2015 Economic Development Authority (EDA) Member Kusterman moved to approve the March 23, 2015 minutes. EDA Member Rafferty seconded the motion. Motion carried on a voice vote. CONSIDERATION OF RESOLUTION NO. 15-02, AUTHORIZING THE EXECUTION AND DELIVERY OF A GROUND LEASE, LEASE PURCHASE AGREEMENT, AND RELATED DOCUMENTS Finance Director Rolek reviewed his written report. The EDA has previously approved the issuance of Lease Revenue Bonds for financing a new fire station facility. The EDA resolution authorizes execution of a ground lease for the fire station property and a related lease -purchase agreement. He noted that the term of the lease will continue through retirement of the bond financing. He introduced Attorney Julie Eddington, of Kennedy and Graven, bond counsel on the matter. EDA President Roeser acknowledged that the action before the EDA is a mechanism related to bond financing for the new fire station. He noted the good credit rating of the city. Finance Director Rolek explained that there will be a separate bond call for the bonds issued through the EDA. This action is about getting a lease in place to allow the improvements through the EDA. The EDA members discussed the yearly cost of the bonds and the financing and construction schedule overall for the fire station project. EDA member Reinert moved to approve EDA Resolution No. 15-02. EDA Member Rafferty seconded the motion. Motion carried on a voice vote. 1 EDA MINUTES May 11, 2015 DRAFT CONSIDERATION OF RESOLUTION NO. 15-03, APPROVING POST -ISSUANCE COMPLIANCE PROCEDURE AND POLICY FOR TAX-EXEMPT GOVERNMENTAL BONDS Finance Director Rolek reviewed his written report. He explained that, at the advice of bond counsel, staff is recommending that the city adopt a formal compliance procedure and policy for the issuance of bonds. The policy recommended is identical to one passed by the EDA in 2012. EDA Member Reinert noted the policy on arbitrage and Mr. Rolek explained that the language serves to prevent issuance of bonds for investment purposes. The council also reviewed the total cost of the current bonds, including financing costs. EDA member Rafferty moved to approve EDA Resolution No. 15-03. EDA Member Kusterman seconded the motion. Motion carried on a voice vote. NEW BUSINESS EDA President Roeser remarked that the EDA may want to begin meeting more regularly to discuss such matters as stimulation of economic development in the city. ADJOURNMENT There being no further business, EDA Member Rafferty moved to adjourn. EDA Member Stoesz seconded the motion. Motion carried on a voice vote. The meeting was adjourned at 6:18 p.m. 2 ECONOMIC DEVELOPMENT AUTHORITY AGENDA ITEM 3 STAFF ORIGINATOR: MEETING DATE: Michael Grochala December 28, 2015 TOPIC: Public Hearing. Consideration of Resolution No. 15-04, Approving Purchase and Sale Agreement with D.R. Horton, Inc. -Minnesota VOTE REQUIRED: Simple Majority. BACKGROUND In 2010 approximately 20 acres of undeveloped land within the Legacy at Woods Edge development was tax forfeited to the State of Minnesota. In September of 2013 the Economic Development Authority (EDA) obtained, at no cost, the tax forfeit property from the State of Minnesota. The transfer was made to the EDA with the intent that 1) EDA ownership would facilitate development of the site; and 2) that sale proceeds would be applied to the retirement of existing debt service for public improvements associated with the site development. D.R. Horton Inc. has made an offer to purchase approximately 11 acres of the land consisting of two parcels. The property lies north of the existing YMCA property. For consideration is a purchase agreement whereby D.R. Horton will purchase the property for $1,000,000. The developer is proposing to construct single family townhomes. The proposed use is generally consistent with the original development master plan. The agreement is subject to a number of conditions. 1. The purchaser will provide earnest money in the amount of $25,000. 2. Purchaser has a 60 day "Inspection Period" to perform inspections and engineering to determine suitability. 3. Purchaser has 270 days to work through "Government Approvals". Purchase of property is subject to obtaining all final government approvals. The property lies within Tax Increment Financing district 1-11. While no financial incentives are being provided to the purchaser, tax increment generated by the development will be available to meet existing improvement debt obligations. Staff has worked with Springsted Inc., the EDA's financial consultant, to evaluate the proposed purchase. Staff has determined that the land sale proceeds, coupled with the increased tax increment generated by the development, would generate revenues over the life of the district sufficient to cover remaining debt service. RECOMMENDATION 1. Staff recommends Approval of Resolution 15-04 Approving a Purchase and Sale Agreement between the Lino Lakes Economic Development Authority and D.R. Horton, Inc. -Minnesota. ATTACHMENTS 1. Resolution No. 15-04 2. Draft Purchase and Sale Agreement 3. Property Location Map LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 15-04 RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY AND D.R. HORTON, INC — MINNESOTA BE IT RESOLVED By the Board of Commissioners ("Board") of the Lino Lakes Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The property described as Outlot B and Outlot D, The Village No. 3, according to the recorded plat thereof, Anoka County, Minnesota (the "Property") is a parcel located with the Legacy at Woods Edge Development. 1.02. D.R. Horton, Inc -Minnesota (the "Purchaser") has proposed to acquire the property for residential development purposes consistent with the intended use of the property. 1.03. The Board has reviewed terms of a proposed Purchase and Sale Agreement between the Authority and Purchaser (the "Purchase Agreement"), providing for conveyance by the Authority of the Property to Purchaser and the subsequent development of that Property by Purchaser. 1.04. In accordance with Minnesota Statutes, Section 469.105, subd. 2, the Authority has on this date held a duly noticed public hearing regarding conveyance of the Property to Purchaser. 1.05. The Authority finds that conveyance of the Property to Purchaser in accordance with the Purchase and Sale Agreement is in the best interests of the City and its residents, and that the transaction furthers the Authority's general plan of economic development. Section 2. Authority Approval; Further Proceedings. 2.01. The Purchase Agreement is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute, on behalf of the Authority, the Purchase and Sale Agreement, and any documents referenced therein requiring execution by the Authority or otherwise required to effectuate the transaction described in those documents. 2.03. Authority staff and consultants are authorized and directed to take all actions needed to carry out the transactions describe in this Resolution. Attachment 1, EDA_Res 15-04_Legacy B&D Horton.doc Approved by the Board of Directors of the Lino Lakes Economic Development Authority, this 28th day of December, 2015. ATTEST: Secretary 2 President PURCHASE AND SALE AGREEMENT BY AND BETWEEN D.R. HORTON, INC. -MINNESOTA AND LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx TABLE OF CONTENTS Section Page Number 1. PROPERTY TO BE SOLD AND PURCHASED 1 2. PURCHASE PRICE. 1 3. OPTION PRICE AND EARNEST MONEY 1 4. TITLE EVIDENCE AND PROPERTY INFORMATION 2 5. TITLE APPROVAL PERIOD 3 6. INSPECTION PERIOD 4 7. NOTICE AND RIGHT TO CURE 8 8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER 8 9. SELLER'S ACQUISITION AGREEMENT 10 10. MEMORANDUM OF CONTRACT 10 11. CHANGE IN PROPERTY 11 12. CLOSING 12 13. DEFAULT 14 14. TERMINATION 15 15. COMMISSION 15 16. MISCELLANEOUS PROVISIONS 16 17. EXECUTION OF CONTRACT, AMENDMENT AND NOTICES BY OFFICER OF PURCHASER 19 EXHIBITS: Exhibit Description of Exhibit Section Exhibit A Depiction of Property Section 1 Exhibit B Memorandum of Contract Section 9 Exhibit C Storage Tank, Individual Sewage Treatment System and Well Disclosure Section 8 1 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Contract") is entered into by and between LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic, and political subdivision of Minnesota , ("Seller, " whether one or more) and D.R. HORTON, INC. -MINNESOTA, a Delaware corporation, ("Purchaser") (together, Seller and Purchaser are the "Parties"), effective the date hereof. 1. PROPERTY TO BE SOLD AND PURCHASED. Subject to the terms and conditions of this Contract, Seller hereby agrees to sell and convey unto Purchaser, and Purchaser agrees to purchase and take from Seller approximately 11.22 acres of real property located in the City of Lino Lakes (the "City"), Anoka County, Minnesota, as depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). 2. PURCHASE PRICE. The Purchase Price for the Property is One Million and No/100 Dollars ($1,000,000.00). Purchaser shall pay one hundred percent (100%) of the Purchase Price in cash or equivalent funds at the Closing, all Earnest Money being applied thereto. 3. OPTION PRICE AND EARNEST MONEY. In consideration for the right to purchase the Property granted herein by Seller, Purchaser shall pay the amounts described below. a. Option Price. Within ten (10) Business Days (defined in Section 12.a.) after the date hereof, Purchaser shall deposit with the Title Company (defined in Section 4.c) the sum of One Hundred and No/100 Dollars ($100.00) in cash (the "Option Price"). Upon its receipt of the Option Price, the Title Company shall deliver the Option Price to Seller. The Option Price shall be, under all circumstances, nonapplicable and nonrefundable to Purchaser. b. Earnest Money. Within ten (10) Business Days after the date hereof, Purchaser shall deposit with the Title Company the sum of Twenty -Five Thousand and No/100 Dollars ($25,000.00) (the "Earnest Money"). The Title Company shall not be required to deposit the Earnest Money in a federally -insured interest bearing account, but if the Title Company elects to deposit the Earnest Money in such account or in such other investment as Purchaser shall direct, all interest or income thereon shall be paid to Purchaser. The Earnest Money shall remain on deposit with the Title Company unless and until it is refunded to Purchaser hereunder, or paid to Seller and applied to the Purchase Price as provided herein. c. Refundability and Release to Seller of Earnest Money. Except as provided in subsections (1) and (2), the Earnest Money shall remain refundable to Purchaser and Seller shall have no claim thereon, unless and until Purchaser delivers its Notice of Governmental Approvals, as provided in Section 6.c. below. Thereafter, the Earnest Money shall only be refundable to Purchaser if this Contract is terminated pursuant to Sections 5, 8, 11 or 13. Notwithstanding the foregoing, (1) upon Purchaser's delivery of the Notice of Suitability to Seller, the Title Company shall deliver to Seller Five Thousand and No/100 Dollars 1 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx ($5,000.00) of the Earnest Money (the "Initial Disbursement") within five (5) Business Days and the Initial Disbursement shall only be refundable to Purchaser if this Contract is terminated pursuant to Sections 5, 8, 11 or 13; and (2) upon Purchaser's delivery of its Notice of Governmental Approvals, the Title Company shall deliver to Seller Twenty Thousand and No/100 Dollars ($20,000.00) of the Earnest Money within five (5) Business Days. d. Application of Earnest Money. The Earnest Money shall be applied to the Purchase Price at Closing. e. Failure to Deposit Earnest Money. If Purchaser fails to deposit the Earnest Money as required herein, and such failure continues for a period of ten (10) Business Days after written notice from Seller, then either party may terminate this Contract by written notice to the other at any time prior to the deposit of the Earnest Money. 4. TITLE EVIDENCE AND PROPERTY INFORMATION. a. Seller's Title Evidence and Reports. Seller shall, within five (5) days hereof, deliver to Purchaser: (1) any abstract of title, survey, registered property abstract, title insurance commitment or policy or other evidence of title to the Property that Seller has in its possession; and (2) all data, tests, reports, site assessments, studies and documentation on the Property in Seller's possession or that Seller is aware of and that Seller is reasonably able to provide to Purchaser. b. Survey. Within thirty (30) days after the effective date of this Contract, Purchaser may, at Purchaser's expense, obtain a current land title survey of the Property (the "Survey") made and certified to Purchaser and the Title Company by a duly licensed surveyor in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception from the Title Policy (defined in Section 4.c). The Survey shall indicate the recording information as to any recorded encumbrances; and shall set forth and certify the total number of acres comprising the Property; shall provide a certified legal description of the Property; and shall contain such other certification as the Title Company may require. c. Title Commitment. Within ten (10) Business Days after the effective date of this Contract, Purchaser shall, at Purchaser's expense, obtain: (1) a title commitment ("Title Commitment") covering the Property from DHI Title of Minnesota, Inc. ("Title Company"), binding the Title Company to issue at Closing a current form ALTA Owner's Policy of Title Insurance ("Title Policy") covering the Property in the full amount of the Purchase Price; and 2 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (2) true, correct, and legible copies of any and all instruments referred to in the Title Commitment as constituting exceptions or restrictions upon the title of Seller. d. Title Policy. At Closing, as a condition to Purchaser's obligation to close, there shall be available to Purchaser a Title Policy for the Property in the full actual amount of the Purchase Price, insuring fee simple title to the Property as being vested in Purchaser, subject only to the Permitted Exceptions (hereinafter defined), and meeting the following additional conditions: (1) the exception as to restrictive covenants shall be endorsed "None of Record"; (2) the exception as to the lien for taxes shall be limited to the tax period in which Closing occurs, and shall be endorsed "Not Yet Due and Payable"; (3) the exception as to parties in possession shall be deleted; (4) the survey exception shall be deleted; and (5) and there shall be no general exception for visible and apparent easements or for roads and highways. 5. TITLE APPROVAL PERIOD. a. Objections. By the later of (i) the date Purchaser delivers the Notice of Suitability to Seller, or (ii) ten (10) Business Days after Purchaser receives both the Survey and Title Commitment, Purchaser shall deliver to Seller such written objections as Purchaser may have to anything contained therein ("Objections"). b. Additional Exceptions. If Purchaser receives notice or otherwise discovers that title to the Property is subject to any additional exceptions not disclosed by the Survey or Title Commitment ("Additional Exceptions") to which Purchaser objects, Purchaser shall notify Seller of Purchaser's objection in writing within ten (10) days after Purchaser receives notice of any such Additional Exception, which upon such notice shall be an Objection subject to Sections 5.c. and 5.d. c. Seller's Obligations. Seller shall, within three (3) Business Days after receipt of Purchaser's Objections, notify Purchaser of the actions, if any, that Seller is willing to take with respect to each of the matters identified in the Objections and the time frame in which Seller will take those actions. (1) Seller shall not encumber the Property other than with encumbrances which provide for release thereof at Closing in accordance with this Contract and Seller will not allow a formal notice of default to remain uncured with regard to such encumbrances. (2) Notwithstanding Purchaser's failure to object to any encumbrances or liens which may be released by the payment of money, Seller shall be required to remove from title any such encumbrances or liens (the "Monetary Liens"). 3 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (3) Notwithstanding Purchaser's failure to object to any encumbrances related to options to purchase the Property between Seller and any third party, Seller shall be required to remove from title any such options to purchase (the "Prior Options"). d. Purchaser's Rights if Seller Fails to Cure Objections. If Seller delivers written notice to Purchaser on or before the Closing Date that Seller is unable or unwilling to satisfy any Objection, or if, for any reason, Seller is unable to convey title in accordance with Section 12.b.(1), Purchaser may, in addition to its other remedies hereunder, elect to do any of the following: (1) waive such Objection and accept such title as Seller is able to convey; (2) terminate this Contract by written notice to Seller pursuant to Section 14; or (3) attempt to satisfy such Objection at Purchaser's expense and delay Closing for up to sixty (60) days and, if Purchaser does not satisfy such Objection, Purchaser may take either of the actions in (1) or (2). e. Permitted Exceptions. The following shall be deemed to be "Permitted Exceptions ": (1) any item, except for the Monetary Liens and Prior Options, disclosed by the Title Commitment or Survey and any Additional Exception to which Purchaser does not timely object; (2) applicable zoning ordinances and governmental regulations; and (3) the lien for current taxes. 6. INSPECTION PERIOD. a. Engineering and Feasibility Study. From and after the date hereof Purchaser, at its expense, may conduct such inspections and studies of the Property as Purchaser shall desire, including without limitation, architectural, geotechnical, environmental, marketing, engineering and financial feasibility studies to determine whether or not the Property is suitable to Purchaser. b. Notice of Suitability. In the event that Purchaser determines in its sole judgment and discretion that the Property is suitable to Purchaser, Purchaser shall send written notice (the "Notice of Suitability") to Seller on or before the last day of the Inspection Period, which Notice of Suitability shall be subject to the terms and conditions of Section 17. As used herein, the "Inspection Period" means the period commencing with the date hereof and ending sixty (60) days thereafter. (1) Termination. (i) If Purchaser fails to send Seller the Notice of Suitability on or before the last day of the Inspection Period, and such failure continues for a period of 4 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx ten (10) days after written notice from Seller, this Contract shall automatically terminate pursuant to Section 14.b. (ii) If Purchaser sends to Seller written notice terminating this Contract prior to the expiration of the Inspection Period, this Contract shall terminate pursuant to Section 14.a. c. Governmental Approvals. (1) Contingency. Purchaser's obligation to purchase the Property is expressly subject to and contingent upon Purchaser obtaining all final and unappealable approvals from the City and any other governmental authority having jurisdiction over the Property as Purchaser may deem necessary to proceed with Purchaser's intended improvements to the Property, including without limitation, approvals of a preliminary plat, final plat, county road access permit, Wetland Conservation Act permit, conformance with the comprehensive plan, zoning approvals, development agreement and United States Army Corps of Engineers Section 404 Permit ("Governmental Approvals"). (2) Purchaser's and Seller's Obligations. From the date hereof, Purchaser shall proceed with the application for Governmental Approvals. Notwithstanding any provisions of this Contract to the contrary, the extent to which Purchaser undertakes activities, decisions, effort, expense and any other matter with respect to Purchaser's application for Governmental Approvals shall be at Purchaser's sole and absolute discretion, including, but not limited to, the schedule for obtaining the Governmental Approvals, the level and type of Governmental Approvals Purchaser seeks to obtain, and the amount of money Purchaser expends to obtain such Governmental Approvals. At any time prior to Purchaser sending the Notice of Suitability, Purchaser shall have the right to terminate this Contract for any reason, in Purchaser's sole and absolute discretion, by written notice to Seller. Upon any termination of this Contract, any obligation of Purchaser to seek Governmental Approvals for any portion of the Property shall also terminate with no remedy of any kind to Seller. Seller acknowledges that Purchaser may process changes to the permissible uses of the Property. Seller understands and acknowledges that if this Contract is terminated, Purchaser's attempts to change the permissible uses of the Property may have resulted in the imposition of various conditions, including but not limited to public rights-of-way and open space dedications, as well as requirements, restrictions and taxes being imposed on the Property. Seller understands and agrees that the effects of such changes will affect the value of the Property and may be permanent, and that Purchaser will have no obligation or liability to Seller as a result thereof. Notwithstanding the foregoing, Seller shall not be required to incur any expense or legal obligation associated with Purchaser's efforts to develop the Property; and Purchaser agrees that it will 5 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (3) not record a final plat or developer agreement for the Property until after the Closing. Notice of Governmental Approvals. If said Governmental Approvals are achieved within two hundred seventy (270) days after the effective date of this Contract (the "Governmental Approvals Period") or Purchaser elects to waive such matters, Purchaser shall send written notice ("Notice of Governmental Approvals") to Seller on or before the expiration of the Governmental Approvals Period, which Notice of Governmental Approvals shall be subject to the terms and conditions of Paragraph 17. (4) Termination. If (i) Purchaser fails to send Seller the Notice of Governmental Approvals on or before the last day of the Governmental Approvals Period, and such failure continues for a period of ten (10) days after written notice from Seller, or (ii) Purchaser sends to Seller written notice terminating this Contract prior to the expiration of the Governmental Approvals Period, this Contract shall automatically terminate pursuant to Section 14. d. Environmental Investigation. (1) Existing Environmental Reports. Seller shall, within five (5) days after the date hereof, provide to Purchaser copies of all reports, studies, and other materials which Seller possesses or controls which pertain to the environmental condition of the Property and the property in the vicinity of the Property, (collectively, the "Existing Environmental Reports"). (2) Subsequent Environmental Reports. Purchaser may obtain, at its expense, an environmental engineering report (or reports) addressed to Purchaser, the form and content of which and the individual or firm preparing the report(s) being acceptable to Purchaser, presenting the results of an investigation of the Property, and such property in the vicinity of the Property as may be appropriate in Purchaser's discretion in light of the intended use of the Property, with regard to the existence, generation, processing, storing, disposal, release, or discharge of any Hazardous Substances, from, on, under, about, or in the vicinity of the Property, and Environmental Laws relating to Hazardous Substances affecting the Property, and relating to the existence of any wetlands or threatened, endangered, or protected species or habitats or items of archeological significance on or near the Property, which investigation is commonly referred to as a "Category I", "Phase I", or "Level I" environmental audit, ("Phase I"), and such further investigations and/or reports as Purchaser may require due to the results obtained in the Phase I, (collectively, the "Subsequent Environmental Reports"). (3) Termination. In the event Purchaser is not satisfied with the results of such investigation(s) and report(s), or if there is a change in the condition of the Property or the property in the vicinity of the Property before Closing, 6 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx Purchaser may terminate this Contract pursuant to Section 14 of this Contract. (4) Contingency. Purchaser's obligation to close hereunder is expressly contingent upon Purchaser's satisfaction, in Purchaser's sole discretion, with the results of the environmental investigation, and upon there having been no change in the condition of the Property, or the property in the vicinity of the Property as such condition was reflected in such investigation. (5) Hazardous Substances and Environmental Laws. As used in this Contract, "Hazardous Substance," shall mean and include all hazardous or toxic substances, wastes or materials, any pollutants or contaminants (including, without limitation, asbestos and raw materials which include hazardous constituents, radon and urea formaldehyde), and any other similar substances, or materials which are included or regulated by any local, state, or Federal law, rule or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, the Toxic Substances Control Act and the Federal Insecticide, Fungicide and Rodenticide Act, as amended, (collectively, "Environmental Laws"). e. Purchaser's Right to Enter Property. Purchaser and its employees and agents shall have the right and permission from and after the date hereof to enter upon the Property or any part thereof, at all reasonable times and from time to time, for the purpose of making all soil, drainage, utilities, traffic, and other tests, investigations, inspections and studies Purchaser desires in connection with its evaluation of the Property and in connection with the engineering, feasibility and environmental studies described above. f. Costs and Mechanics' Liens. Purchaser shall pay all costs and expenses of such tests, investigations, inspections and studies of the Property and shall indemnify, defend and hold Seller and the Property harmless from mechanics' liens caused by the activities of Purchaser or Purchasers' agents, contractors or subcontractors. Purchaser shall further repair and restore any damage to the Property caused by or occurring during such tests, investigations, inspections and studies and return the Property to substantially the same condition as existed prior to such entry. g. As -Is. PURCHASER ACKNOWLEDGES THAT PURCHASER IS PURCHASING THE PROPERTY IN RELIANCE SOLELY ON SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS IN SECTION 8 AND PURCHASER'S INSPECTION OF THE PROPERTY PURSUANT TO THIS SECTION 6 AND ON PURCHASER'S JUDGMENT REGARDING THE SUFFICIENCY OF SUCH INSPECTIONS. PURCHASER IS NOT RELYING ON ANY WRITTEN OR ORAL REPRESENTATIONS, WARRANTIES OR STATEMENTS THAT SELLER OR SELLER'S AGENTS HAVE MADE EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF TITLE TO THE PROPERTY AND THE REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER SET FORTH IN THIS CONTRACT, INCLUDING BUT NOT 7 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx LIMITED TO SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS AS SET FORTH IN SECTION 8.b. OF THIS CONTRACT. SUBJECT TO PURCHASER'S RIGHT TO TERMINATE THIS CONTRACT AS SET FORTH HEREIN, PURCHASER IS PURCHASING THE PROPERTY IN "AS IS" CONDITION. THE "AS IS" NATURE OF THIS TRANSACTION WAS CONSIDERED BY BOTH PARTIES IN ARRIVING AT THE AGREED PURCHASE PRICE. 7. NOTICE AND RIGHT TO CURE. Each Party shall be entitled to written notice of any default and shall have thirty (30) days from receipt of such notice to cure such default prior to the exercise of any remedy provided herein. Seller agrees to cooperate with Purchaser in any and all attempts by Purchaser to cure any default within the default cure period. 8. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER. a. General. Seller represents, warrants and covenants to Purchaser, as of the date hereof and as of the Closing Date, that: (1) there are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, and no party has been granted any license, lease, or other right relating to use or possession of the Property; (2) Seller has not received notice of any default (nor is there any default) under any note, mortgage or contract for deed related to the Property, and Seller covenants to not default thereunder nor to grant any liens, leases, easements, options, rights of refusal or contracts with respect to the Property; (3) there is no pending or threatened condemnation proceeding or similar proceeding or assessment affecting any part of the Property by any governmental authority; (4) Seller has not received any notice of any violation of (nor is there any violation of) any ordinance, regulation, law, or statute of any governmental authority or agency pertaining to the Property; (5) the execution and delivery of this Contract, the consummation of the transaction herein contemplated, and the compliance with terms of the Contract will not conflict with or, with or without notice or the passage of time or both, result in a breach of any of the terms or provisions of, or constitute a default under: (i) any indenture, mortgage, loan agreement, contract for deed, or instrument to which Seller is a party or by which Seller or the Property is bound; (ii) any applicable regulation or any judgment or order; or (iii) any decree of any court having jurisdiction over Seller or the Property; (6) there are no attachments, executions, assignments for the benefit of creditors, or voluntary or involuntary proceedings in bankruptcy or under any 8 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (7) (8) (9) applicable debtor relief laws, or any other litigation contemplated by or pending or threatened against Seller or the Property; to the best knowledge and belief of Seller, the Property contains no threatened or endangered species or endangered or protected habitats as defined by applicable state and federal laws; except for Seller, there are no parties with any interest in the Property (marital, homestead, or otherwise), any prior agreements concerning the Property (purchase agreements, options, or others) have been properly terminated or cancelled in accordance with Minnesota law, and all cure periods in connection with such terminations or cancellations have expired, and no other signatures are required to make this Contract fully enforceable by Purchaser; at Closing, Seller will have and will convey to Purchaser good and marketable fee simple title to the Property free and clear of any and all encumbrances except the Permitted Exceptions; (10) there are no underground or aboveground storage tanks currently or formerly located on the Property, except as set forth on Exhibit C; (11) there are no individual sewage treatment systems on or serving the Property, except as set forth on Exhibit C; (12) there are no wells on or serving the Property, except as set forth on Exhibit C• (13) the Property is not located in an area designated by the Director of the Federal Emergency Management Agency as a flood zone or special flood hazard area; (14) no portion of the Property is or has been used as a cemetery or a graveyard; and (15) to the best knowledge and belief of Seller, no methamphetamine production has occurred on the Property. b. Specific Environmental Representations and Warranties. Seller represents, warrants and covenants to Purchaser, as of the date hereof and as of the Closing Date, that: (1) neither Seller nor, to Seller's best knowledge and belief, any previous owner of the Property or any other person or entity has ever used, generated, processed, stored, disposed of, released, or discharged any Hazardous Substance on, under, about or in the vicinity of the Property or transported it to or from the Property, nor, to Seller's knowledge, has any person or entity ever alleged that any such activities have occurred; and 9 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (2) to Seller's best knowledge and belief, no use by Seller, any prior owner of the Property, or any other person has occurred which violates or has been alleged to violate any applicable Environmental Law, and the Property is not on any "Superfund" list under any applicable Environmental Law, nor is it subject to any lien related to any environmental matter. c. Indemnity. To the extent allowed by law, Seller shall indemnify, defend and hold Purchaser, its successors and assigns harmless from and against all fines, penalties, liabilities, claims, suits, actions, damages, losses, costs and expenses including, without limitation, attorney's fees, consequential damages and the cost of any environmental remediation, removal, response, abatement, clean-up, investigation and monitoring, directly or indirectly, and in whole or in part, arising out of or attributable to a breach of any of the representations, warranties or covenants of Seller in this Contract. d. Remedy. In the event that any of Seller's representations, warranties or covenants set forth in this Contract are not true and correct as of the Closing Date, Purchaser may, in addition to its other remedies, either: (1) terminate this Contract pursuant to Section 14; or (2) elect to Close under this Contract notwithstanding the failure of such representation or warranty, in which event the Closing shall not be deemed a waiver by Purchaser of the failure of such representation or warranty and Purchaser may recover from Seller any damages sustained by Purchaser as a result of the failure of such representation or warranty. e. Update and Survival of Representation, Warranties, Covenants and Indemnity. (1) Notwithstanding anything to the contrary contained herein, the representations, warranties and covenants in this Contract shall be deemed remade as to the Property, as of Closing. (2) If any of the representations, warranties and covenants contained herein are or become untrue or incorrect before Closing, Seller shall use Seller's good faith best efforts to take such necessary action to make such representations, warranties and covenants true and correct as of the Closing Date. (3) The representations, warranties and covenants and the indemnification provisions in this Contract shall survive Closing or any termination of this Contract and shall not be merged therein. 9. SELLER'S ACQUISITION AGREEMENT . INTENTIONALLY DELETED. 10. MEMORANDUM OF CONTRACT. Upon request of either Party at any time, both Parties shall promptly execute a memorandum of this Contract suitable for filing of record in substantially the form attached hereto as Exhibit B. 10 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx 11. CHANGE IN PROPERTY. a. Contingency. This Contract is expressly contingent upon there being no change after the expiration of the periods described in Section 6 and prior to Closing in the nature or condition of or circumstances affecting the Property, including, without limitation, any change in: (1) the areas determined to be located within lakes, ponds, creeks, rivers, or other water areas located within any flood -hazard area, flood -prone area, or 100 -year flood plain; (2) availability of utilities; (3) access; (4) governmental zoning ordinances; (5) costs or charges associated with plat approval; (6) restrictions and requirements affecting the ownership and development of the Property; (7) (8) the environmental condition of the Property; and title to the Property. If any such change occurs prior to Closing, then Purchaser may elect to either terminate this Contract pursuant to Section 14, or in the event of a change specified in Section 11.a (1), Purchaser may alternatively exclude the affected area from the portion of the Property purchased by Purchaser and the Purchase Price shall be adjusted accordingly. b. Moratorium. If any state, county, city, or governmental agency declares or effects any moratorium on the approval of subdivision plats or plans, which moratorium is applicable to the Property or any portion thereof, and, as a result of such moratorium, the state, county, city, or any other applicable governmental agency or authority will not approve subdivision plats or plans, then, in such event (1) the Inspection Period, (2) the deadline for Purchaser to send the Notice of Suitability and the Notice of Governmental Approvals, and (3) the Closing Date, shall all be postponed. Upon the discontinuation of any such moratorium, the Inspection Period and the deadline for Purchaser to send the Notice of Suitability and the Notice of Governmental Approvals shall be extended by one (1) day for each day the moratorium was in effect, and the Closing Date shall occur thereafter as per the provisions of this Contract. If, however, such moratorium shall last longer than one hundred eighty (180) days, Seller or Purchaser shall each have the right, but not the obligation, to terminate this Contract. In the event of such termination by either Seller or Purchaser, the Earnest Money shall be refunded to Purchaser. c. Condemnation. In the event that between the date of this Contract and the Closing Date, any eminent domain proceedings are initiated which might result in the taking of any part of the Property, or if Seller receives written notice from a governmental or quasi -governmental authority which states that such an action is contemplated, either Seller or Purchaser may: 11 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (1) terminate this Contract pursuant to Section 14; or (2) keep this Contract in effect, and consummate the purchase of the Property or part thereof. If, prior to Closing, all or any part of the Property is taken in such condemnation proceeding instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid to Seller pursuant to such condemnation or conveyance in lieu thereof shall be retained by Seller and applied against that portion of the Purchase Price payable by Purchaser for such portion of the Property which is taken in the condemnation. Notwithstanding the condemnation, the calculation of the Purchase Price shall include the land taken in such condemnation. At Closing, if the condemnation is still pending, Purchaser shall purchase the property subject to the condemnation and Seller shall have no further rights or obligations with respect to the condemnation proceeding following Closing, in which event the Purchase Price shall be calculated without deduction for the loss of any portion of the Property taken or to be taken by eminent domain, and Seller shall cause to be conveyed and assigned to Purchaser all right, title and interest in and to any award made in connection with such eminent domain proceedings. 12. CLOSING. a. Closing Date and Place. The Closing ("Closing") of this Contract shall occur within ten (10) Business Days after the later of delivery of the Notice of Suitability or Notice of Governmental Approvals. Such date is herein referred to as the "Closing Date". The Closing shall take place in the offices of the Title Company or such other location agreed to by Seller and Purchaser. Notwithstanding any other provision in this Contract, the Closing under this Contract must occur on a Tuesday, Wednesday, or Thursday which is a Business Day (a "Permitted Deadline/Closing Day"), and if the scheduled date of the Closing would otherwise occur on a day that is not a Permitted Deadline/Closing Day, then the Closing shall be extended automatically to the next day that is a Permitted Deadline/Closing Day. The term "Business Day" means any day which is not a Saturday, Sunday, or legal holiday. The term "Horton Deadline Date" means a date on which any funds are to be paid by Purchaser under this Contract (e.g., Earnest Money or extension fees) or the date on which the Inspection Period and/or the Notice of Suitability and/or the Notice of Governmental Approvals and/or a date which Purchaser's Corporate Approval is due. If a Horton Deadline Date or the scheduled Closing Date falls on any date (i) between September 15th and September 30th, inclusive, then the Horton Deadline Date and/or the date of Closing, as applicable, shall be extended automatically to the next Permitted Deadline Closing Day in October, or (ii) between December 18th and January 5th, inclusive, then the Horton Deadline Date and/or the date of Closing, as applicable, shall be extended automatically to the next Permitted Deadline/Closing Day in January. b. Deliveries by Seller. At Closing, Seller shall deliver to Purchaser, at Seller's expense: (1) a general warranty deed conveying indefeasible fee simple title to the Property to Purchaser, subject only to the Permitted Exceptions; 12 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (2) possession of the Property; (3) a Seller's affidavit in form acceptable to the Title Company; (4) a well disclosure certificate or a statement on the deed asserting that Seller does not know of any wells on the Property; (5) an individual sewage system disclosure, if applicable; (6) an underground storage tank disclosure, if applicable; (7) (8) (9) a Non -Foreign Affidavit stating under the penalty of perjury that Seller is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code, setting forth Seller's taxpayer identification number and address or, in the alternative, an instruction letter addressed to the Title Company and Purchaser authorizing the withholding of ten percent (10%) of the Purchase Price of the Property by Purchaser; a certified copy of the duly adopted City Ordinance and Resolution authorizing Seller's sale of the Property to Purchaser; and such other documents as may reasonably be required to transfer fee title to the Property to Purchaser and to enable the Title Company to provide the Title Policy as required by this Contract. c. Deliveries by Purchaser. At the Closing, Purchaser shall deliver to Seller 100% of the Purchase Price, all Earnest Money being applied thereto. d. Prorations and Closing Costs. Seller and Purchaser agree to the following prorations and allocation of costs, fees, taxes and special assessments with respect to the Property which the Parties will pay at Closing: (1) Title and Closing Fees. Purchaser shall pay fees charged by the Title Company related to issuing the Title Commitment, including all examination fees and title search fees. Purchaser shall pay the premium(s) for the Title Policy. Seller and Purchaser shall each pay one-half of any closing fee charged by the Title Company. With respect to all other costs, each Party shall pay its share of the Closing costs which are normally assessed by the Title Company against a seller or purchaser in a transaction of this character in the County. (2) Deed Tax and Recording Fees. Seller shall pay any deed tax, conservation tax, and the cost of recording any documents necessary to cure Purchaser's Objections or otherwise transfer good and marketable title to Purchaser. Purchaser shall pay all document recording fees for the warranty deeds and for filing the final plat, if any. 13 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx (3) Real Estate Taxes. Seller shall pay all real estate taxes due and payable for the Property in the years prior to the year of Closing. Real estate taxes for the Property due and payable in the year of Closing shall be prorated on a calendar year basis at Closing, effective as of the Closing Date. To the extent that the Property being purchased consists of a portion of a tax parcel, taxes for that parcel shall be prorated based upon acreage. If Closing shall occur before the tax rate is fixed for the year of Closing, the apportionment of the taxes shall be upon the basis of the real estate taxes for the preceding year, but any difference in actual real estate taxes for the year of Closing shall be adjusted post -closing between the Parties to the actual amount upon receipt of written evidence of the payment thereof. Purchaser shall pay all real estate taxes on the Property payable in the years after the year of Closing. (4) Deferred Taxes. Seller shall pay all "Green Acres" recapture taxes or similar taxes attributable to agricultural or special use valuation or any other deferred taxes with respect to the Property, if any. (5) 13. DEFAULT. Special Assessments. Seller shall pay all assessments that are levied, pending or deferred against the Property as of the Closing Date, except those directly attributable to Purchaser's development of the Property. a. Purchaser's Remedies. (1) If Seller shall default in any of the covenants, terms and conditions of this Contract or shall fail to consummate this Contract for any reason except Purchaser's default or the termination of this Contract pursuant to a right to terminate given herein, Purchaser may at Purchaser's option: (i) waive the contractual obligations of Seller in writing; (ii) terminate this Contract and receive a return of the Earnest Money; and (iii) enforce specific performance of this Contract. (2) In addition to any other remedy that Purchaser may have for Seller's breach of this Contract, if the conditions to Purchaser's obligations have not been satisfied on or before the Closing Date, Purchaser shall have the option of extending the Closing Date for a period not to exceed six (6) months until such time as the conditions have been satisfied. This option is a continuing option and not an election of remedies; therefore, at any time after the originally scheduled Closing Date, if the conditions to Purchaser's obligation to close have not been satisfied, Purchaser may elect to terminate this extension of the Closing and pursue its other remedies against Seller. b. Seller's Remedy. If Purchaser shall fail to consummate this Contract for any reason except Seller's default or the termination of this Contract pursuant to a right to terminate given herein, Seller shall have the right to retain the Earnest Money paid to Seller as liquidated damages 14 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx for the breach of this Contract, pursuant to Minn. Stat. § 559.21, as amended from time to time, as Seller's sole and exclusive remedy. c. Post -Closing Remedies. Except as otherwise provided herein, it is the intent of Seller and Purchaser that no suit for damages may be brought with respect to any aspect of the transaction contemplated herein and the sole remedies of Seller and Purchaser are set out in Sections 13.a and b above, except however, that from and after the Closing, each party shall have the right to pursue its actual damages against the other party (i) for a breach of any covenant or agreement contained herein that is performable after or that survives the Closing (including the indemnification obligations of the Parties contained in this Contract), and (ii) for a breach of any representation or warranty made by the other party in this Contract unless otherwise waived by Purchaser at Closing pursuant to Section 8.d.(2). If the Closing does not occur, (A) each party shall have its respective rights and remedies under Sections 13.a. and b., as applicable, and (B) each party shall have all available remedies against the other party for a breach of the other party's obligations contained in this Contract that are expressly provided herein as surviving the termination of this Contract. In no event shall either party be liable for any speculative, consequential or punitive damages. 14. TERMINATION. a. Termination by Purchaser. Termination of this Contract by Purchaser pursuant to Sections 5, 6, 8, 11, or 13 shall be effective upon notice to Seller. b. Automatic Termination. Termination of this Contract automatically upon failure of Purchaser to give Notice of Suitability pursuant to Section 6.b. or Notice of Governmental Approvals pursuant to Section 6.c(4) shall be effective upon expiration of the ten (10) day period after written notice from Seller. c. Return of Earnest Money. (1) If this Contract is terminated by Purchaser, or automatically, pursuant to Sections 5, 6, 8, 11 or 13, all Earnest Money shall be promptly refunded to Purchaser, except as provided in Section 3.c. (2) Upon return of the Earnest Money as provided in this Section 14, except as otherwise provided in this Contract, the Parties shall have no further obligations or liabilities one to the other hereunder. 15. COMMISSION. a. Brokers. Seller and Purchaser each hereby warrant and represent to the other that no brokers, agents, finders fees, commissions, or other similar fees are due or arising in connection with the entering into of this Contract, the sale and purchase of the Property, or the consummation of transactions contemplated herein, and Seller and Purchaser each hereby agree to indemnify and hold the other harmless from and against all liability, loss, cost, damage, or expense (including, but not limited to, attorneys' fees and costs of litigation) which the other Party shall suffer or incur because of any claim by a broker, agent, or finder claiming by, through, or under such 15 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx indemnifying Party, whether or not such claim is meritorious, for any compensation with respect to the entering into of this Contract, the sale and purchase of the Property, or the consummation of the transactions contemplated herein. b. Disclosure. Purchaser hereby discloses that Purchaser is a licensed real estate company buying for Purchaser's own account. 16. MISCELLANEOUS PROVISIONS. a. Date of Contract. The term "date of this Contract" or "date hereof' or "effective date of this Contract" as used herein shall mean the later of the dates on which this Contract is signed by: (i) Seller, (ii) Purchaser or (iii) Purchaser's Corporate Approval, which later date shall be the date of final execution and agreement by the Parties hereto. b. Notices. Except as provided below with respect to the Notice of Suitability, any notice authorized, required, or permitted to be given under this Contract must be in writing and shall be deemed to have been given (a) when delivered in person; (b) when deposited with Federal Express, UPS or other nationally recognized overnight courier service; or (c) when deposited in the United States mail, postage prepaid, certified mail or registered mail, return receipt requested, and in each case properly addressed to the Parties to be notified at the following addresses: If to Purchaser: with copies to: D.R. Horton, Inc. - Minnesota 20860 Kenbridge Court, Suite 100 Lakeville, MN 55044 Attention: James R. Slaikeu, Vice President Telephone: (952) 985-7403 Facsimile No.: (952) 985-7400 Email: jrslaikeu@drhorton.com D.R. Horton, Inc. 8001 Arrowridge Boulevard Charlotte, NC 28273 Attention: Doug Brown, Regional Vice President Telephone: (704) 377-2006 Facsimile No.: Email: DBrown@drhorton.com D.R. Horton, Inc. 301 Commerce St., Suite 500 Fort Worth, TX 76102 Attn: Chris White, Attorney Telephone: (817) 390-8308 Facsimile: (817) 390-1709 Email: CJWhite@drhorton.com 16 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx If to Seller: with a copy to: Stinson Leonard Street 150 South 5th Street, Suite 2300 Minneapolis, MN 55402 Attention: John C. Kuehn Telephone: (612) 335-1717 Facsimile No. (612) 335-1657 Email: john.kuehn@stinson.com Director of Community Development Lino Lakes Economic Development Authority 600 Town Center Parkway Lino Lakes, MN 55014 Joseph J. Langel Ratwik, Roszak & Maloney, P.A. 730 Second Ave. S., Suite 300 Minneapolis, MN 55044 (612) 339-0060 (phone) (612) 339-0038 (fax) jjl@ratwiklaw.com (i) Any Party may, from time to time at any time change its address by giving ten (10) days' written notice to the other Party of such change of address in the manner set forth above. (ii) The Parties expressly acknowledge and agree that the Notice of Suitability and/or the Notice of Governmental Approvals may be transmitted by Purchaser to Seller by electronic scanning and e-mail or by facsimile Delivery of the Notice of Suitability and/or the Notice of Governmental Approvals by any methods described above shall also be valid. c. Forms. In case of a dispute as to the form of any document required hereunder, the current form adopted by the Minnesota Commissioner of Commerce as a Uniform Conveyancing Blank or prepared by the Minnesota State Bar Association shall be conclusively deemed reasonable. d. Attorneys' Fees and Jury Waiver. If either Party shall be required to employ an attorney to enforce or defend the rights of such Party hereunder, the prevailing Party shall be entitled to recover reasonable attorneys' fees. EACH PARTY HERETO WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY PARTY IN CONNECTION WITH ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS CONTRACT, THE RELATIONSHIP OF PURCHASER AND SELLER HEREUNDER OR THE PROPERTY. e. Integration. This Contract contains the entire agreement between the Parties relating to the Property, and neither Party shall be bound by any verbal statement or agreement 17 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx made heretofore. Except as otherwise expressly set forth in this Section, this Contract may only be amended, modified, or changed by a traditional written document properly executed by Seller and Purchaser (including Purchaser's Corporate Approval as set forth in Section 17). Such amendment may be transmitted by e-mail, facsimile, or other method permitted by the provisions for giving notice in this Contract. Except as otherwise expressly set forth in this Contract with respect to execution by an Authorized Officer, (1) Purchaser does not assent or agree to and will not be bound by any electronic signature or other electronic record, and (2) Purchaser and Seller agree that the Electronic Signatures in Global and National Commerce Act, any version of the Uniform Electronic Transactions Act, including without limitation Chapter 325L of Minnesota Statutes, and any other laws applicable to contracting electronically do not and shall not apply to this Contract, any amendment hereto, the Notice of Suitability or the Notice of Governmental Approvals. The Parties acknowledge and agree that execution of the Notice of Suitability or the Notice of Governmental Approvals by an Authorized Officer and execution of this Contract or any amendment to this Contract by an Authorized Officer for the purpose of Corporate Approval may be accomplished by electronic signature utilizing DocuSign or any similar technology. f. Survival. Any portion of this Contract which relates to a period after Closing, and all of Seller's representations, warranties, covenants and indemnities, will survive Closing or termination of this Contract. g. Binding Effect. This Contract shall inure to the benefit of and bind the Parties hereto and their respective heirs, representatives, successors, and assigns. Purchaser may assign its rights hereunder with Seller's written consent. h. Impairment of Property. From and after the date of this Contract, Seller shall not do or permit others to do any of the following on or to the Property, without Purchaser's prior written consent: (1) hunting; (2) logging; (3) grubbing or clearing; (4) grading; (5) removal of gravel, rock, sand, dirt or minerals; or (6) waste of the Property. i. Interpretation. The Parties acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. The Parties have equal bargaining power, and intend the plain meaning of the provisions herein. In the event of an ambiguity in or dispute regarding the interpretation of this Contract, the interpretation of this Contract shall not be resolved by any rule of interpretation 18 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx providing for interpretation against the party who causes the uncertainty to exist or against the draftsman. This Contract shall be construed in accordance with the laws of the State of Minnesota. j. Counterpart and Facsimile Signatures. This Contract may be executed in any number of identical counterparts which, taken together, shall constitute collectively one agreement; but in making proof of this Contract, it shall not be necessary to produce or account for more than one such counterpart. Additionally, (i) the signature pages taken from separate individually executed counterparts of this Contract may be combined to form multiple fully -executed counterparts; and (ii) a facsimile signature or an electronically scanned signature shall be deemed to be an original signature for all purposes. All executed counterparts of this Contract shall be deemed to be originals, but all such counterparts, when taken together, shall constitute one and the same agreement. k. Waiver. No waiver by Purchaser of any contingency, condition, provision, or term shall be effective unless made in writing, signed by Purchaser, and specifying the extent and nature of such waiver. Purchaser's actions or failure to act shall not be deemed to be a waiver of any contingencies or rights of Purchaser contained herein. 1. Calculation of Time. Time is of the essence in the performance of this Contract. Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or other legal holiday, such date shall be extended to the next succeeding Business Day which is not a Saturday, Sunday or legal holiday. The Closing Date shall be governed by Section 12.a. 17. EXECUTION OF CONTRACT, AMENDMENT AND NOTICES BY OFFICER OF PURCHASER. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NEITHER (A) THIS CONTRACT NOR ANY AMENDMENT HERETO, NOR (B) ANY NOTICE OF GOVERNMENTAL APPROVALS AND NOTICE OF SUITABILITY, SHALL BE A VALID AND ENFORCEABLE OBLIGATION OF PURCHASER UNLESS EXECUTED BY ANY ONE OF DONALD R. HORTON, DAVID AULD, MICHAEL J. MURRAY, DOUG BROWN OR BILL W. WHEAT, EACH AN "AUTHORIZED OFFICER" OF PURCHASER, AND IN THE CASE OF THIS CONTRACT OR ANY AMENDMENT HERETO, THE EXECUTION BY SUCH OFFICER OCCURS WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THIS CONTRACT OR AMENDMENT BY SELLER AND PURCHASER'S REPRESENTATIVES. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 19 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx SIGNATURE PAGE PURCHASE AND SALE AGREEMENT BETWEEN D.R. HORTON, INC. -MINNESOTA AND LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY IN WITNESS WHEREOF, Seller has executed this Contract on the dates set forth below. SELLER: Lino Lakes Economic Development Authority, a public body corporate and politic, and political subdivision of Minnesota By: Name: Title: Date: By: Name: Title: Date: 20 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx SIGNATURE PAGE PURCHASE AND SALE AGREEMENT BETWEEN D.R. HORTON, INC. -MINNESOTA AND LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY IN WITNESS WHEREOF, Purchaser has executed this Contract on the dates set forth below. PURCHASER: D.R. HORTON, INC. -MINNESOTA a Delaware corporation By: Name: Title: Date: 21 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx SIGNATURE PAGE PURCHASE AND SALE AGREEMENT D.R. HORTON, INC. -MINNESOTA AND LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY IN WITNESS WHEREOF, Purchaser has executed this Contract on the date set forth below. CORPORATE APPROVAL: D.R. HORTON, INC. -MINNESOTA, a Delaware corporation By: Name: Title: Date: 22 DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx PURCHASE AND SALE AGREEMENT EXHIBIT A DEPICTION OF PROPERTY . .. Fl -oho •rYaw {I '914`L Property ID Nos.: 17-31-22-12-0053 17-31-22-11-0002 A-1 CORE/2008719.0399/109378462.5 EXHIBIT B MEMORANDUM OF PURCHASE AND SALE AGREEMENT MEMORANDUM OF PURCHASE AND SALE AGREEMENT , 20 This instrument memorializes that the undersigned Seller and Purchaser have executed a Purchase and Sale Agreement dated , 20 (the "Contract") concerning real property located in Anoka County, Minnesota legally described as: See attached Exhibit A hereinafter, the "Property". Pursuant to the Contract, Purchaser has the right, but not the obligation, to purchase all or any part of the Property, subject to certain terms and conditions as provided in the Contract. Any capitalized terms not otherwise defined herein, shall have the meaning given in the Contract. 1. This memorandum memorializes that pursuant to the terms of the Contract, Purchaser has the exclusive option to purchase the Property. The Contract expires 20 . 2. Seller and Purchaser agree from time to time to execute such additional recordable memoranda as may be reasonably necessary to confirm the rights and obligations of the parties granted under the Contract. [Signatures appear on following page.] B-1 CORE/2008719.0399/109378462.5 SELLER: LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY A public body corporate and politic, and political subdivision of Minnesota By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) PURCHASER: D. R. HORTON, INC. -MINNESOTA, a Delaware corporation By: Its: The foregoing instrument was acknowledged , 20 by Lakes Economic Development Authority, a public body subdivision of Minnesota , on behalf of the corporation. STATE OF MINNESOTA ) ) ss. COUNTY OF before me this day of , the of Lino corporate and politic, and political Notary Public The foregoing instrument was acknowledged before me this day of , 20 by , the Horton, Inc.- Minnesota, a Delaware corporation, on behalf of the corporation. CORE/2008719.0399/109378462.5 Notary Public B-2 of D.R. THIS INSTRUMENT WAS DRAFTED BY: STINSON LEONARD STREET (JCK) 150 South Fifth Street, Suite 2300 Minneapolis, Minnesota 55402 B-3 CORE/2008719.0399/109378462.5 MEMORANDUM OF PURCHASE AND SALE AGREEMENT EXHIBIT A LEGAL DESCRIPTION B-4 CORE/2008719.0399/109378462.5 EXHIBIT C STORAGE TANK, INDIVIDUAL SEWAGE TREATMENT SYSTEM AND WELL DISCLOSURE Storage Tanks Seller discloses to Purchaser the following (check all that apply): ❑ An above ground storage tank is located on the Property. ❑ An underground storage tank is located on the Property. The age, size, type, uses, and contents of any above ground or underground storage tanks located on the Property are as follows: The approximate location of any above ground or underground storage tanks located on the Property is depicted below: C-1 CORE/2008719.0399/109378462.5 Individual Sewage Treatment Systems Seller discloses to Purchaser the following: The approximate location of all individual sewage treatment system(s) located on the Property are depicted below: For each individual sewage treatment system, Seller discloses the following (check all that apply): Sewage System 1 ❑ In Use ❑ Not In Use ❑ Septic Tank with: ❑ Standard Drainfield ❑ Mound System Drainfield ❑ Sealed System (holding tank or contained cesspool) ❑ Other (describe): 0 Seepage Tank ❑Cesspool ❑Dry Well ❑Leaching Pit 0 Straight -Pipe System Sewage System 2 ❑ In Use 0 Not In Use O Septic Tank with: 0 Standard Drainfield 0 Mound System Drainfield O Sealed System (holding tank or contained cesspool) ❑ Other (describe): 0 Seepage Tank ❑Cesspool DDry Well ❑Leaching Pit 0 Straight -Pipe System C-2 CORE/2008719.0399/109378462.5 Compliance To Seller's knowledge (check one) ❑ The Property is in compliance with all applicable sewage treatment laws and rules. ❑ The Property is not in compliance with all applicable sewage treatment laws and rules. ❑ Seller does not know whether the Property is in compliance with all applicable sewage treatment laws and rules. To Seller's knowledge (check one) ❑ A previous inspection report exists and has been delivered to Purchaser. ❑ A previous inspection report does not exist. Wells Seller discloses to Purchaser that ( ) well(s) is/are located on the Property. The approximate location of all well(s) on the Property is depicted below: Seller discloses to Purchaser that each well located on the Property is (check appropriate box): In use Not in use Sealed Well No. 1 Well No. 2 Well No. 3 C-3 CORE/2008719.0399/109378462.5 17-31-22-11-0002 Outlot B NEIGHBORHOOD'.'. BLOCK 17-31-22-12-0053 Outlot D UILLiAAGEIE)R- nikle�fY+la.�iwr�.,: TOWN SQUARE BLOCK URBAN BLOCK CITY OF fINO[ KES City Property to be Sold to DR Horton Legacy at Woods Edge 12/21/2015 Feet 0 150 300 600 N Expenditures December 28, 2015 Check #102834 to #102944 $342,392.79 Accounts Payable Checks by Date - Detail by Vendor Number User: Printed: tracy.thoma 12/23/2015 10:42 AM Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102857 104 Business Data Record Services 1511-9333 Document Destruction 1511-9333 Document Destruction 1511-9333 Document Destruction 12/28/2015 185.44 17.52 35.04 Total for Check Number 102857: 238.00 Total for Vendor 104 (Business Data Record Services): 238.00 102841 11 Ace Solid Waste, Inc. 12/28/2015 1351950 Trash/Recycling 253.03 1351950 Trash/Recycling 50.00 1351950 Trash/Recycling 303.91 1351950 Trash/Recycling 161.95 Total for Check Number 102841: 768.89 Total for Vendor 11 (Ace Solid Waste, Inc.): 768.89 102858 115 Centennial Utilities 12/28/2015 Nov 2015 Natural Gas -600 Town Ctr Pkwy 100 2,244.04 Nov 2015 Natural Gas -Sunrise 110 19.96 Nov 2015 Natural Gas -6918 Sunrise 120 77.95 Nov 2015 Natural Gas -6811 Lake Drive 140 25.69 Nov 2015 Natural Gas -7204 Lake Dr 130 71.74 Total for Check Number 102858: 2,439.38 Total for Vendor 115 (Centennial Utilities): 2,439.38 102859 116 CenterPoint Energy 12/28/2015 Nov 2015 Natural Gas -6520 Pheasant Run 106 17.44 Nov 2015 Natural Gas -6774 Black Duck Dr 107 15.85 Nov 2015 Natural Gas -1180 Birch St. 100 16.39 Nov 2015 Natural Gas -6666 Black Duck Dr 108 20.07 Nov 2015 Natural Gas -1189 Main St. 104 96.20 Nov 2015 Natural Gas -I 187 Main St. 102 177.09 Nov 2015 Natural Gas -6300 Laurene Ave 109 17.92 Nov 2015 Natural Gas -6786 Clearwater Ck 105 27.54 Nov 2015 Natural Gas -1179 Main St. 101 19.61 Nov 2015 Natural Gas -1189 Main St. 103 88.77 Nov 2015 Natural Gas -2200 E. Cedar St. 110 19.54 Nov 2015 Natural Gas -1473 Snow Goose Tr 111 19.00 Total for Check Number 102859: 535.42 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Vendor 116 (CenterPoint Energy): 102837 117 Central Pension Fund 12/18/2015 Dec 2015 December Central Pension Total for Check Number 102837: Total for Vendor 117 (Central Pension Fund): 102860 121 CenturyLink 12/28/2015 12/10/2015 Signal Phone Total for Check Number 102860: Total for Vendor 121 (CenturyLink): 102861 138 City of St. Paul 12/28/2015 1N00013198 Asphalt Mix -4A 1 TN 1N00013198 Asphalt Mix -11 4 TN Total for Check Number 102861: Total for Vendor 138 (City of St. Paul): 102862 143 CNH Architects 12/28/2015 10272 Architectural Design Fire House #2 Total for Check Number 102862: Total for Vendor 143 (CNH Architects): 102838 151 Costco Wholesale 12/18/2015 11/26/2015 Kids Halloween Candy 11/26/2015 Coffee For Elections 11/26/2015 Plates for City Hall 535.42 3,600.00 3,600.00 3,600.00 53.05 53.05 53.05 65.09 262.04 327.13 327.13 6,226.46 6,226.46 6,226.46 13.99 10.99 10.39 Total for Check Number 102838: 35.37 Total for Vendor 151 (Costco Wholesale): 35.37 102863 154 Craig Severson Construction 12/28/2015 12/9/2015 Repair Rain Gutter, Install Leaf/Ice Guard Total for Check Number 102863: 2,160.00 2,160.00 Total for Vendor 154 (Craig Severson Construction): 2,160.00 102864 167 Dalco, Inc. 12/28/2015 2966885 Windows White Towels, Bath Issue 233.62 Total for Check Number 102864: 233.62 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Vendor 167 (Dalco, Inc.): 233.62 102865 192 Emergency Apparatus Maint. 12/28/2015 83680 Repair Leaking Air Valve E-11 147.29 Total for Check Number 102865: 147.29 Total for Vendor 192 (Emergency Apparatus Maint.): 147.29 102866 193 Emergency Automotive Tech. 12/28/2015 MS110215-9 Gamber Johnson Quad Motion TS -3 102868 202 4th Qtr 2015 Neil Evenson 4th Qtr P&Z Board Total for Check Number 102866: 1,130.88 1,130.88 Total for Vendor 193 (Emergency Automotive Tech.): 1,130.88 12/28/2015 50.00 Total for Check Number 102868: 50.00 Total for Vendor 202 (Neil Evenson): 50.00 102869 204 Factory Motor Parts Company 12/28/2015 1-4855446 Part Returned on #I-4858207 358.28 1-4855904 #384 RotorAsy 89.56 1-4858207 Parts Returned -604.60 41-395999 Part Returned on #1-4858207 246.32 41-396075 Stock Rotor Asy 406.72 Total for Check Number 102869: 496.28 Total for Vendor 204 (Factory Motor Parts Company): 496.28 102870 209 Fastenal Company 12/28/2015 MNTC3153152 Fasteners 26.69 Total for Check Number 102870: 26.69 Total for Vendor 209 (Fastenal Company): 26.69 102871 214 Fire Safety U.S.A. 12/28/2015 82851 Fire Helmets, Coats, Pants 108,712.00 83806 Streamlight LED Survivors 2,575.00 83820 SCBA Brackets 480.00 83860 Fire Boots 11,193.00 84380 Resqtec 89 Ton NT Airbag Package 7,750.00 84405 Fire Helmets 3,559.00 84679 Hose Swivel Gaskets 31.00 Total for Check Number 102871: 134,300.00 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102872 222 11022015 Total for Vendor 214 (Fire Safety U.S.A.): 134,300.00 Forest Lake Sportsmen's Club 12/28/2015 Range Rental PD Qualifications Total for Check Number 102872: Total for Vendor 222 (Forest Lake Sportsmen's Club): 102873 225 Frattallone's/Circle Pines Ace 12/28/2015 053860/G Supplies for Birch Park 102874 227 Nov 2015 Total for Check Number 102873: 180.00 180.00 180.00 21.97 21.97 Total for Vendor 225 (Frattallone's/Circle Pines Ace): 21.97 Freimuth Enterprises, LLC 12/28/2015 November Recycling 375.00 Total for Check Number 102874: 375.00 Total for Vendor 227 (Freimuth Enterprises, LLC): 375.00 102875 233 Geck, Duea & Olson, PLLC 15952 Legal Prosecution Contract 15953 Legal Forfeiture 12/28/2015 8,250.00 185.40 Total for Check Number 102875: 8,435.40 Total for Vendor 233 (Geck, Duea & Olson, PLLC): 8,435.40 102877 244 Gopher State One -Call 12/28/2015 150287 November Tickets 602 150287 November Tickets 601 Total for Check Number 102877: Total for Vendor 244 (Gopher State One -Call): 102878 271 Hawkins, Inc. 12/28/2015 3802407 Chlorine Cylinders Total for Check Number 102878: Total for Vendor 271 (Hawkins, Inc.): 102879 274 HD Supply Waterworks, Ltd. 12/28/2015 E886338 Sensus Socket Total for Check Number 102879: 148.05 148.05 296.10 296.10 45.00 45.00 45.00 57.74 57.74 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 4 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102880 279 4th Qtr 2015 102843 29 1003313643 102881 297 4th Qtr 2015 102883 303 4th Qtr 2015 Total for Vendor 274 (HD Supply Waterworks, Ltd.): 57.74 Steven A. Heiskary 12/28/2015 4th Qtr Environmental Board Total for Check Number 102880: Total for Vendor 279 (Steven A. Heiskary): AmeriPride Services, Inc. 12/28/2015 Shop Towels Total for Check Number 102843: Total for Vendor 29 (AmeriPride Services, Inc.): Pat Huelman 12/28/2015 4th Qtr Parks Board Total for Check Number 102881: Total for Vendor 297 (Pat Huelman): Michael G. Hyden 12/28/2015 4th Qtr P&Z Board Total for Check Number 102883: Total for Vendor 303 (Michael G. Hyden): 102884 304 Hydraulics Plus & Consulting 12/28/2015 6861 Hoses Total for Check Number 102884: Total for Vendor 304 (Hydraulics Plus & Consulting): 102885 306 Image Printing & Graphics, Inc 145522 Business Cards M. Brang 145588 Warning House Signs 12/28/2015 150.00 150.00 150.00 37.09 37.09 37.09 50.00 50.00 50.00 50.00 50.00 50.00 326.16 326.16 326.16 59.00 185.01 Total for Check Number 102885: 244.01 Total for Vendor 306 (Image Printing & Graphics, Inc): 244.01 102845 31 Paula Andrzejewski 12/28/2015 4th Qtr 2015 4th Qtr Environmental Board Total for Check Number 102845: Total for Vendor 31 (Paula Andrzejewski): 100.00 100.00 100.00 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 5 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102886 319 Jani-King Of Minnesota, Inc. MIN12150032 December Monthly Contract MIN12150033 December Monthly Contract 102887 326 4th Qtr 2015 102891 343 4th Qtr 2015 102892 356 4th Qtr 2015 102893 374 4th Qtr 2015 12/28/2015 Total for Check Number 102886: Total for Vendor 319 (Jani-King Of Minnesota, Inc.): Richard Jensen 12/28/2015 4th Qtr Parks Board Total for Check Number 102887: Total for Vendor 326 (Richard Jensen): Nancie L. Klebba 12/28/2015 4th Qtr Environmental Board Total for Check Number 102891: Total for Vendor 343 (Nancie L. Klebba): Perry Laden 12/28/2015 4th Qtr P&Z Board Total for Check Number 102892: Total for Vendor 356 (Perry Laden): Andrew Levi 12/28/2015 4th Qtr Parks Board Total for Check Number 102893: Total for Vendor 374 (Andrew Levi): 102894 377 Life Safety Systems Inc. 65473 Annual Monitoring 2016 - Civic Complex 69389 Annual Monitoring 2016 - Fire Station 2 12/28/2015 2,936.00 455.00 3,391.00 3,391.00 50.00 50.00 50.00 150.00 150.00 150.00 50.00 50.00 50.00 50.00 50.00 50.00 325.00 325.00 Total for Check Number 102894: 650.00 Total for Vendor 377 (Life Safety Systems Inc.): 650.00 102895 380 Lil Mandile Tours 12/28/2015 12/8/2015 Senior Trip - Holiday Chann Total for Check Number 102895: Total for Vendor 380 (Lil Mandile Tours): 1,180.00 1,180.00 1,180.00 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 6 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102896 399 Mansfield Oil Company 12/28/2015 998309 1,991 87 UnI w/10% Eth Total for Check Number 102896: Total for Vendor 399 (Mansfield Oil Company): 102897 406 Lou Masonick 12/28/2015 4th Qtr 2015 4th Qtr P&Z Board Total for Check Number 102897: Total for Vendor 406 (Lou Masonick): 102898 418 Menards 12/28/2015 7806 Retractable Utility Knives 9108 LED Brz Bar, Shallow Pot Magnet Total for Check Number 102898: Total for Vendor 418 (Menards): 102835 42 Anoka Co. Property Records Tax 12/18/2015 2015 Rice Lk 2015 Property Taxes 30-31-22-21-0003 102846 42 Anoka Co. Property Records Tax 11/30/2015-1 Dev. Agreement Morell Borrow Pit 11/30/2015-2 Resolution No. 15-119 6602 Pheasant Run 102899 420 Nov 2015 Nov 2015 Total for Check Number 102835: 12/28/2015 3,704.07 3,704.07 3,704.07 50.00 50.00 50.00 66.88 54.47 121.35 121.35 486.57 486.57 46.00 46.00 Total for Check Number 102846: 92.00 Total for Vendor 42 (Anoka Co. Property Records Tax): 578.57 Metro Council Env. Services November 2015 SAC November 2015 SAC 12/28/2015 12,425.00 -124.25 Total for Check Number 102899: 12,300.75 Total for Vendor 420 (Metro Council Env. Services): 12,300.75 102900 421 Metro Sales Incorporated 12/28/2015 INV403457 Ricoh MP 4001 SP Copier Maintenance Contract INV407874 Ricoh MP 6002SP Copier Maintenance Contract 98.00 50.75 Total for Check Number 102900: 148.75 Total for Vendor 421 (Metro Sales Incorporated): 148.75 102901 435 Minnesota Coaches, Inc. 12/28/2015 250242 Senior Trip Transportation 567.90 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 7 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102902 451 ABR0130748I Total for Check Number 102901: 567.90 Total for Vendor 435 (Minnesota Coaches, Inc.): 567.90 MN Dept of Labor & Industry 12/28/2015 Pressure Vessel Fire Station #2 Total for Check Number 102902: Total for Vendor 451 (MN Dept of Labor & Industry): 102935 455 Twin Cities Gateway 12/28/2015 11/2015 November Tourism Tax Total for Check Number 102935: Total for Vendor 455 (Twin Cities Gateway): 102903 467 MPCA 12/28/2015 11/17/2015 Certification J. Williams Total for Check Number 102903: Total for Vendor 467 (MPCA): 102839 480 NCPERS Minnesota 12/18/2015 Jan 2016 January Life Insurance Premiums Total for Check Number 102839: Total for Vendor 480 (NCPERS Minnesota): 102904 490 John Nordlund 12/28/2015 4th Qtr 2015 4th Qtr Parks Board Total for Check Number 102904: Total for Vendor 490 (John Nordlund): 102905 506 Olson's Sewer Service, Inc. 12/28/2015 82747 Wetland Mitigation Total for Check Number 102905: Total for Vendor 506 (Olson's Sewer Service, Inc.): 10.00 10.00 10.00 4,653.00 4,653.00 4,653.00 45.00 45.00 45.00 288.00 288.00 288.00 50.00 50.00 50.00 18,282.47 18,282.47 18,282.47 102906 508 Optumhealth Financial Services 12/28/2015 245271 Nov Cobra 70.00 Total for Check Number 102906: 70.00 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 8 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Vendor 508 (Optumhealth Financial Services): 70.00 102907 509 O'Reilly Automotive Stores 1517-270382 #211 & #214 Wiper Blades 1517-270509 Stock Oil Filter 1517-270539 Stock Oil & Air Filter 3472-159659 Hose Clamp, Anti -Freeze 12/28/2015 72.92 15.28 11.12 39.48 Total for Check Number 102907: 138.80 Total for Vendor 509 (O'Reilly Automotive Stores): 138.80 102909 522 Performance Plus LLC 12/28/2015 4222 Preplacement Screen E. Solnitzky Total for Check Number 102909: Total for Vendor 522 (Performance Plus LLC): 102910 527 Petty Cash - Heather Robinson 12/18/2015 Utilities Postage 12/18/2015 Program Supplies 12/18/2015 Utilities Postage 12/18/2015 Program Supplies 12/18/2015 Program Supplies 12/18/2015 Volleyball Petty Cash 12/28/2015 245.00 245.00 245.00 5.75 3.21 11.95 30.00 14.15 30.00 Total for Check Number 102910: 95.06 Total for Vendor 527 (Petty Cash - Heather Robinson): 95.06 102911 531 Petty Cash - LLPD 12/8/2015 Crisis Negotiation Training 12/8/2015 Material for Flare Holders 12/8/2015 Ramsey Co. CLEO 12/8/2015 Fire Conference Parking 12/8/2015 Remote Camera for Investigation 12/8/2015 Fire Conference Parking 12/8/2015 Swanson Oath of Office 12/28/2015 35.00 15.76 12.50 5.00 107.11 5.00 33.78 Total for Check Number 102911: 214.15 Total for Vendor 531 (Petty Cash - LLPD): 214.15 102913 534 Pitney Bowes, Inc. 12/28/2015 346588 1st Qtr Postage Meter Rental 261.50 Total for Check Number 102913: 261.50 Total for Vendor 534 (Pitney Bowes, Inc.): 261.50 102914 551 Premium Waters, Inc. 12/28/2015 608417 Kandiyohi Water 89.48 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 9 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102915 552 Press Publications, Inc. 496530 Ordinance No. 10-15 496531 Ordinance No. 12-15 Total for Check Number 102914: 89.48 Total for Vendor 551 (Premium Waters, Inc.): 89.48 12/28/2015 67.52 67.52 Total for Check Number 102915: 135.04 Total for Vendor 552 (Press Publications, Inc.): 135.04 102916 562 Ratwik, Roszak & Maloney, PA 12/28/2015 57803 Nov Legal 14.50 57803 Nov Legal 5,456.76 57803 Nov Legal - Saddle Club 205.00 57803 Nov Legal 172.06 57803 Nov Legal 46.50 57803 Nov Legal 942.50 57803 Nov Legal 1,235.00 Total for Check Number 102916: 8,072.32 Total for Vendor 562 (Ratwik, Roszak & Maloney, PA): 8,072.32 102918 571 Republic Services #894 12/28/2015 0894-003956343 Organic Recycling 108.20 Total for Check Number 102918: 108.20 Total for Vendor 571 (Republic Services #894): 108.20 102919 574 Rick Johnson Deer & Beaver Inc 12/28/2015 Nov 2015 November Dead Deer Removal Total for Check Number 102919: 180.00 180.00 Total for Vendor 574 (Rick Johnson Deer & Beaver Inc): 180.00 102847 58 AV Events 12/28/2015 INV -01522 BHD Audio Speaker & Microphone Total for Check Number 102847: Total for Vendor 58 (AV Events): 102921 582 Michael Root 12/28/2015 4th Qtr 2015 4th Qtr P&Z Board Total for Check Number 102921: 170.00 170.00 170.00 50.00 50.00 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 10 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102922 588 R002228629 Total for Vendor 582 (Michael Root): Safety Kleen Corporation, Inc. 12/28/2015 Solvent Total for Check Number 102922: Total for Vendor 588 (Safety Kleen Corporation, Inc.): 102848 59 Avenet, LLC 37855 GovOffice Annual Service Package 2016 37926 Custom Graphic Web Design 12/28/2015 Total for Check Number 102848: Total for Vendor 59 (Avenet, LLC): 102924 607 SEH Technology Solutions Inc 12/28/2015 307265 November GIS Services 307265 November GIS Services 307265 November GIS Services 307265 November GIS Services 102925 626 0947134 -IN 50.00 45.84 45.84 45.84 1,350.00 3,545.00 4,895.00 4,895.00 550.00 110.00 200.00 481.00 Total for Check Number 102924: 1,341.00 Total for Vendor 607 (SEH Technology Solutions Inc): 1,341.00 Sprayer Specialties, Inc. 12/28/2015 Parts for Brining Equipment 574.63 Total for Check Number 102925: 574.63 Total for Vendor 626 (Sprayer Specialties, Inc.): 574.63 102840 627 Accela, Inc. #774375 INV31931 Consultant Travel for UB Setup Week INV32103 Consultant Travel for UB Go -Live Week 12/28/2015 1,599.47 1,898.78 Total for Check Number 102840: 3,498.25 Total for Vendor 627 (Accela, Inc. #774375): 3,498.25 102926 633 Stantec Consulting Services 987692 November General Engineering 987693 November Well No. 6 987694 November Pump House No. 6 12/28/2015 Total for Check Number 102926: Total for Vendor 633 (Stantec Consulting Services): 102927 634 Staples Advantage 12/28/2015 152.00 111.50 1,335.31 1,598.81 1,598.81 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 11 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 3285585659 Nicole's Cube Improvements 1,917.80 3285585661 Credit for Defective Toner -175.04 3285585664 Imaging Drum, Toner, Desk Pads 354.04 3285585665 Masking Tape, Calendars 29.26 Total for Check Number 102927: Total for Vendor 634 (Staples Advantage): 102928 635 Star Tribune 12/28/2015 11/29/2015 13 Week Subscription Total for Check Number 102928: Total for Vendor 635 (Star Tribune): 102930 653 Taho Sportswear, Inc. 12/28/2015 15TF2480 Jerseys Total for Check Number 102930: Total for Vendor 653 (Taho Sportswear, Inc.): 102931 655 TASC - Client Invoices 12/28/2015 IN686182 November Administration Fee Total for Check Number 102931: Total for Vendor 655 (TASC - Client Invoices): 102932 656 TDS Metrocom MN 12/28/2015 12/13/2015 Phone Service 12/13/2015 Phone Service 2,126.06 2,126.06 42.25 42.25 42.25 3,097.50 3,097.50 3,097.50 106.21 106.21 106.21 225.48 36.78 Total for Check Number 102932: 262.26 Total for Vendor 656 (TDS Metrocom MN): 262.26 102933 669 Towmaster 12/28/2015 375344 #218 Valve Directional Solenoid Total for Check Number 102933: Total for Vendor 669 (Towmaster): 102934 671 Trans Union LLC 12/28/2015 11511198 Firefighter Backgrounds Total for Check Number 102934: Total for Vendor 671 (Trans Union LLC): 302.60 302.60 302.60 49.30 49.30 49.30 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 12 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102849 68 12/10/2015 Julie Bartell 12/28/2015 MCFOA Athenian Dialogue Leadership Meeting 65.00 Total for Check Number 102849: Total for Vendor 68 (Julie Bartell): 102936 683 Twin City Garage Door Co, Inc 12/28/2015 446497 Inspect & Test East Door Back Side Total for Check Number 102936: Total for Vendor 683 (Twin City Garage Door Co, Inc): 102937 686 U.S. Bank 4140669 MN GO Bonds 2012A 4140792 MN GO Bonds 2014A 12/28/2015 65.00 65.00 120.00 120.00 120.00 450.00 450.00 Total for Check Number 102937: 900.00 Total for Vendor 686 (U.S. Bank): 900.00 102938 687 U.S. Bank 12/7/2015 Zachman's WaterCare/Fro-50GPD w/4 Gallon T< 12/7/2015 Amazon/Fire Inspector Workbook 12/7/2015 Best Buy/Monitors & Mounts for Fire Station #2 12/7/2015 Zoro/LED Light Bars for New Vehicles 12/7/2015 Warners Stellian/Credit for Training Room Frig 12/7/2015 Home Depot/Spray Paint for Parks 12/7/2015 Zoro/LED Strobe Beacon for new GMC Sierra 1 12/7/2015 Amazon/Tire Lube Applicators for Mounting Ne 12/7/2015 Beyond the Office Door/Uniform Allowance K. 12/7/2015 Home Depot/Holiday Landscaping 12/7/2015 OfficeMax/5 Tab Dividers 12/7/2015 Hennepin Tech/M-STEP Registration 12/7/2015 Home Depot/Hockey Board Replacement 12/7/2015 Circle Pines Post Office/Postage 12/7/2015 Dog Waste Depot/Dog Waste Bags 12/7/2015 Amazon/Convex Mirrors for Plow Trucks 12/7/2015 Amazon/Prime for Ordering Parts & Supplies 12/7/2015 Cricut/Program Supplies 12/7/2015 Target/BUNN Coffee Brewers, Coffee Airpots, F 12/7/2015 JP Cooke/MN Notary Stamp J. Bartell 12/7/2015 LTG Power Equip/Stihl Bar Oil 1 Gallon 12/7/2015 Home Depot/Line Paint 12/7/2015 Amazon/Flash Drives 12/7/2015 National Fleet Parts/Brake Pads for Police Vehic 12/7/2015 Target/Program Supplies 12/7/2015 Northway Irrigation/Winterize Irrigation System 12/7/2015 Amazon/Recorder for Holding Area 12/7/2015 U.S. Bank Visa Rebate 12/7/2015 MN Co. Attorney's Assoc./Forfeiture Forms 12/7/2015 Amazon/Books for Senior Book Club 12/7/2015 Walmart/Program Supplies 12/7/2015 Horne Depot/Gloves, Split Point Bit, Toggle Stra 12/7/2015 Target/Adhesives for Name Plates 12/28/2015 190.00 74.93 919.96 503.99 -1,849.99 7.52 287.99 7.72 474.05 103.54 11.50 275.00 228.62 10.27 234.00 21.94 99.00 0.99 1,398.05 40.50 35.90 29.14 29.99 304.41 6.58 124.30 45.79 -1,704.58 58.00 134.64 78.72 92.03 15.54 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 13 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 12/7/2015 Home Depot/Wellhouse Storage Shelves 187.67 12/7/2015 Home Depot/Paint, Drywall Screws, Tool Bag 28.30 12/7/2015 Amazon/Rubber Valve Stems for Tires 8.87 12/7/2015 MN Board of Firefighters/Firefighter License 100.00 12/7/2015 Tierney/SMART Board, SMART Mobile Stand 10,295.75 12/7/2015 Fleet Farm/Ratchet Straps, Hitch Pins for Brine' 45.65 12/7/2015 Home Depot/Gloves 31.90 12/7/2015 Home Depot/Hockey Board Replacement 35.75 12/7/2015 Oriental Trading/Program Supplies 61.91 12/7/2015 Ashley Furniture/Matinee Java Recl, Pierce Chai 1,999.91 12/7/2015 Auto Anything/Seat Covers for New Ford F250 140.39 12/7/2015 Bill's/Non-oxy Gasoline 14.41 12/7/2015 Target/Program Supplies 105.00 12/7/2015 Floppydisk.com/Discovery Labels 104.99 12/7/2015 Bill's/Non-oxy Gasoline 14.97 12/7/2015 Amazon/Charger for iPads 29.98 12/7/2015 Home Depot/Vent Caps Sunrise Building 24.95 12/7/2015 SuperFabric/Uniform Allowance T. Vang 108.00 12/7/2015 Home Depot/File Room Shelving 45.18 12/7/2015 JP Cooke/Received Date Stamp 44.25 12/7/2015 Xcel Energy Center/Disney on Ice Tickets 151.00 12/7/2015 AM Leonard/Pruning Saws 289.25 12/7/2015 Zoro/Fire Extinguisher Mounting Brackets for Ti 194.00 Total for Check Number 102938: Total for Vendor 687 (U.S. Bank): 102851 69 Batteries Plus Bulbs 12/28/2015 028-451805 12V Leads 028-452395 12V Leads 16,352.12 16,352.12 419.65 119.70 Total for Check Number 102851: 539.35 Total for Vendor 69 (Batteries Plus Bulbs): 539.35 102939 690 Unique Paving Materials Corp 12/28/2015 250512 Cold Mix UPM #2 Winter - Pothole Patch Mater 945.00 Total for Check Number 102939: 945.00 Total for Vendor 690 (Unique Paving Materials Corp): 945.00 102940 697 Valley Paving - Shakopee 11/20/2015 Bald Eagle Striping 11/20/2015 Bald Eagle Striping 102941 711 886 12/28/2015 Total for Check Number 102940: Total for Vendor 697 (Valley Paving - Shakopee): Wargo Nature Center 12/28/2015 Playground Program Total for Check Number 102941: 3,000.00 10,171.24 13,171.24 13,171.24 510.00 510.00 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 14 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102942 733 10-02988-040 8-02029-920 9-02029-920 Total for Vendor 711 (Wargo Nature Center): 510.00 WSB & Associates, Inc. October Flood Plain Review August 2015 Mill & Overlay Improvements September 2015 Mill & Overlay Improvements 12/28/2015 471.00 20,997.50 9,527.95 Total for Check Number 102942: 30,996.45 Total for Vendor 733 (WSB & Associates, Inc.): 30,996.45 102943 734 XcelEnergy 12/28/2015 Dec #1 2015 Electric 110 464.65 Dec #1 2015 Electric 100 4,194.62 Dec #1 2015 Electric 120 18.82 Dec #2 2015 Electric 125 92.04 Dec #2 2015 Electric 160 1,819.41 Dec #2 2015 Electric 110 3.56 Dec #2 2015 Electric 130 2,807.32 Dec #2 2015 Electric 120 4,762.38 Total for Check Number 102943: Total for Vendor 734 (Xcel Energy): 102944 743 Ziegler, Inc. 12/28/2015 PC200138620 #251 Battery Total for Check Number 102944: Total for Vendor 743 (Ziegler, Inc.): 102923 750 Alexander P. Schwartz 12/28/2015 4th Qtr 2015 4th Qtr Environmental Board Total for Check Number 102923: 14,162.80 14,162.80 272.18 272.18 272.18 150.00 150.00 Total for Vendor 750 (Alexander P. Schwartz): 150.00 102929 751 John E. Sullivan 12/28/2015 4th Qtr 2015 4th Qtr Environmental Board 150.00 Total for Check Number 102929: 150.00 Total for Vendor 751 (John E. Sullivan): 150.00 102888 757 Jimmy's Johnnys 12/28/2015 97487 Toilet Rental Rice Lake Elem 8.57 Total for Check Number 102888: 8.57 Total for Vendor 757 (Jimmy's Johnnys): 8.57 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 15 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 102908 789 Paul Conway Shields 12/28/2015 0374700 -IN Firefighter Shields Total for Check Number 102908: Total for Vendor 789 (Paul Conway Shields): 102836 796 462.40 462.40 462.40 Gregory A. Burrell 12/18/2015 PR Batch 00003.12.2015 Wage Levy -Order to D PR Batch 00003.12.2015 Wag 65.08 Total for Check Number 102836: 65.08 Total for Vendor 796 (Gregory A. Burrell): 65.08 102912 810 Pitman Investigations LLC 12/28/2015 15-11-002 Background V. Verley 307.65 15-11-003 Background T. Belting 306.30 15-11-004 Background W. Thole 311.70 15-11-005 Background L. Molin 305.40 102889 829 4th Qtr 2015 Total for Check Number 102912: Total for Vendor 810 (Pitman Investigations LLC): Matthew Kassner 12/28/2015 4th Qtr P&Z Board Total for Check Number 102889: Total for Vendor 829 (Matthew Kassner): 102853 84 Blue Tow Service, Inc. 12/28/2015 15-316 ICR #15-300719 Hyundai XG350 15-323 ICR #15-300887 Toyota Camry 1,231.05 1,231.05 50.00 50.00 50.00 140.00 140.00 Total for Check Number 102853: 280.00 Total for Vendor 84 (Blue Tow Service, Inc.): 280.00 102854 85 Bluetarp Financial, Inc. 2435 Shelf, Retractable 12/3 40 Cor 30399 Anti -Freeze, Ratchets, JHook 32287 Sockets for Street Shed Shop 12/28/2015 329.96 163.90 98.47 Total for Check Number 102854: 592.33 Total for Vendor 85 (Bluetarp Financial, Inc.): 592.33 102842 861 American Engineering Testing, Inc. 12/28/2015 69769 Fire Station Testing Services 4,284.90 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 16 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 102842: 4,284.90 Total for Vendor 861 (American Engineering Testing, Inc.): 4,284.90 102855 89 Barbara Bor 12/28/2015 4th Qtr 2015 4th Qtr Environmental Board Total for Check Number 102855: Total for Vendor 89 (Barbara Bor): 102876 902 Clark Gooder 12/28/2015 4th Qtr 2015 4th Qtr Parks Board Total for Check Number 102876: Total for Vendor 902 (Clark Gooder): 102890 903 Liz Kaufenberg 12/28/2015 4th Qtr 2015 4th Qtr Environmental Board Total for Check Number 102890: Total for Vendor 903 (Liz Kaufenberg): 102856 92 Boyer Trucks, Inc. 12/28/2015 1015366 #249 Reservoir CM1007299X1 Core Return Total for Check Number 102856: Total for Vendor 92 (Boyer Trucks, Inc.): 102920 942 Roof Spec Inc. 12/28/2015 75662 Fire Station Roof Total for Check Number 102920: 102844 982 2015-00217 Total for Vendor 942 (Roof Spec Inc.): 100.00 100.00 100.00 50.00 50.00 50.00 150.00 150.00 150.00 185.05 -125.00 60.05 60.05 1,300.00 1,300.00 1,300.00 Anderson's Prompt Plumbing LLC 12/28/2015 Refund Overpayment of State Surcharge -8178 L 4.00 Total for Check Number 102844: 4.00 Total for Vendor 982 (Anderson's Prompt Plumbing LLC): 4.00 102850 983 Barton Sand &Gravel Co. 12/28/2015 151130 Class 5 Gravel 1,545.45 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 17 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 102850: 1,545.45 Total for Vendor 983 (Barton Sand & Gravel Co.): 1,545.45 102852 984 BDS Laundry Systems 12/28/2015 S192728 UniMac Cabinet Washer, UniMac Turn Out Geai 13,589.00 102867 985 14-064.01-1 Total for Check Number 102852: 13,589.00 Total for Vendor 984 (BDS Laundry Systems): 13,589.00 Engineering Design Initiative, Ltd. 12/28/2015 November Fire Station #2 Professional Services 300.00 Total for Check Number 102867: 300.00 Total for Vendor 985 (Engineering Design Initiative, Ltd.): 300.00 102882 986 John Hutton 12/28/2015 2008-01592 Escrow Release 6449 Hodgson Road Total for Check Number 102882: Total for Vendor 986 (John Hutton): 102917 987 Recycle Away, LLC 12/28/2015 14280 Recycling & Waste Baskets Total for Check Number 102917: Total for Vendor 987 (Recycle Away, LLC): 1,950.00 1,950.00 1,950.00 808.77 808.77 808.77 Report Total (110 checks): 342,392.79 AP Checks by Date - Detail by Vendor Number (12/23/2015 10:42 AM) Page 18 City of Lino Lakes Activity Codes Code 401 402 403 404 405 407 414 415 416 417 418 420 421 422 430 431 432 450 451 461 462 463 494 495 499 801 802 803 806 808 810 811 812 813 814 816 Description Mayor/Council Administration Elections Cable TV Charter Administration Finance Legal Consultants Economic Development Planning & Zoning Engineering Community Development Police Protection Fire Protection Building Inspections Streets Fleet Management Government Buildings Parks Recreation Environmental Solid Waste Abatement Forestry Water Sanitary Sewer Other Aerobics/Fitness Dodgeball Camp Adult Basketball Youth T -Ball Youth Baseball Camp Youth Playground Youth Safety Camp Youth Art Camps Adult Instruction Other Senior Programs/Book Club Puppet Shows Code 817 819 821 822 823 825 826 827 830 832 835 836 837 839 840 842 847 851 852 854 856 857 859 860 861 862 863 864 866 868 870 875 876 890 Description Spring Fling Community Gardens Youth Dance Classes Family Corn Roast Youth Day Trips Breakfast w/Santa Sweetheart Dance Gobbler Games Adult Golf Lessons Youth Hockey Skills Youth Skating Class Basket Have a Ball Equipment Rental Adult Softball Summer Adult Softball Fall Adult Open Volleyball Sports Sampler Youth Golf Lessons Youth Martial Arts Tennis Lessons Youth Soccer Soccer Fundamentals Letters from Santa Secret Shop Sports Camps Teens Day Trips Baseball Skills Preschool Playtime Toss, Kick & Catch Little Goblins Party Soccer Mini -Camp Snow Day Kite Day Senior Programs AP AP Checks by Account Number User: tracy.thoma Printed: 12/23/2015 10:44:08 AM last name acct 1 base amount check number description Avenet, LLC Life Safety Systems Inc. Life Safety Systems Inc. Pitney Bowes, Inc. Burrell Gregory A. Central Pension Fund NCPERS Minnesota Metro Council Env. Services Anderson's Prompt Plumbing LLC Metro Council Env. Services U.S. Bank Costco Wholesale Optumhealth Financial Services Bartell Julie Press Publications, Inc. Avenet, LLC Business Data Record Services TASC - Client Invoices Costco Wholesale Ratwik, Roszak & Maloney, PA Geck, Duea & Olson, PLLC Geck, Duea & Olson, PLLC Ratwik, Roszak & Maloney, PA Twin Cities Gateway Evenson Neil Kassner Matthew Laden Perry Masonick Lou Hyden Michael G. Root Michael Press Publications, Inc. SEH Technology Solutions Inc WSB & Associates, Inc. 101-000-1550-000 1,350.00 102848 101-000-1550-000 325.00 102894 101-000-1550-000 325.00 102894 101-000-1550-000 261.50 102913 101-000-2040-000 65.08 102836 101-000-2040-000 3,600.00 102837 101-000-2040-000 288.00 102839 101-000-2120-000 12,425.00 102899 101-000-2131-000 4.00 102844 101-000-3414-000 -124.25 102899 101-000-3730-000 -1,704.58 102938 101-401-4900-000 13.99 102838 101-402-4310-000 70.00 102906 101-402-4330-000 65.00 102849 101-402-4340-000 67.52 102915 101-402-4410-000 3,545.00 102848 101-402-4410-000 17.52 102857 101-402-4410-000 106.21 102931 101-403-4200-000 10.99 102838 101-414-4301-000 5,456.76 102916 101-414-4303-000 8,250.00 102875 101-414-4303-000 185.40 102875 101-415-4300-000 1,235.00 102916 101-415-4900-000 4,653.00 102935 101-416-4331-000 50.00 102868 101-416-4331-000 50.00 102889 101-416-4331-000 50.00 102892 101-416-4331-000 50.00 102897 101-416-4331-000 50.00 102883 101-416-4331-000 50.00 102921 101-416-4410-000 67.52 102915 101-417-4300-000 200.00 102924 101-417-4300-000 471.00 102942 GovOffice Annual Service Package 2016 Annual Monitoring 2016 - Fire Station 2 Annual Monitoring 2016 - Civic Complex 1st Qtr Postage Meter Rental PR Batch 00003.12.2015 Wage Levy -Order to Deduct December Central Pension January Life Insurance Premiums November 2015 SAC Refund Overpayment of State Surcharge -8178 Lake Dr November 2015 SAC U.S. Bank Visa Rebate Kids Halloween Candy Nov Cobra MCFOAAthenian Dialogue Leadership Meeting Ordinance No. 12-15 Custom Graphic Web Design Document Destruction November Administration Fee Coffee For Elections Nov Legal Legal Prosecution Contract Legal Forfeiture Nov Legal November Tourism Tax 4th Qtr P&Z Board 4th Qtr P&Z Board 4th Qtr P&Z Board 4th Qtr P&Z Board 4th Qtr P&Z Board 4th Qtr P&Z Board Ordinance No. 10-15 November GIS Services October Flood Plain Review AP - AP Checks by Account Number (12/23/2015) Page 1 of 7 last name acct 1 base amount check number description SEH Technology Solutions Inc SEH Technology Solutions Inc U.S. Bank U.S. Bank U.S. Bank Petty Cash - LLPD Petty Cash - LLPD Petty Cash - LLPD U.S. Bank Forest Lake Sportsmen's Club Petty Cash - LLPD U.S. Bank U.S. Bank U.S. Bank U.S. Bank Xcel Energy Business Data Record Services Metro Sales Incorporated U.S. Bank Fire Safety U.S.A. Menards Petty Cash - LLPD Performance Plus LLC Trans Union LLC U.S. Bank Pitman Investigations LLC Pitman Investigations LLC Pitman Investigations LLC Pitman Investigations LLC Petty Cash - LLPD Petty Cash - LLPD U.S. Bank U.S. Bank Bluetarp Financial, Inc. Bluetarp Financial, Inc. Valley Paving - Shakopee Barton Sand & Gravel Co. City of St. Paul City of St. Paul Unique Paving Materials Corp Bluetarp Financial, Inc. CenturyLink Xcel Energy 101-418-4300-000 110.00 102924 101-418-4300-000 481.00 102924 101-420-4200-000 58.00 102938 101-420-4200-000 104.99 102938 101-420-4211-000 29.99 102938 101-420-4214-000 33.78 102911 101-420-4214-000 12.50 102911 101-420-4240-000 107.11 102911 101-420-4240-000 45.79 102938 101-420-4330-000 180.00 102872 101-420-4330-000 35.00 102911 101-420-4330-000 275.00 102938 101-420-4330-000 10.27 102938 101-420-4370-000 108.00 102938 101-420-4370-000 474.05 102938 101-420-4381-000 3.56 102943 101-420-4410-000 35.04 102857 101-420-4410-000 98.00 102900 101-421-4211-000 35.90 102938 101-421-4240-000 31.00 102871 101-421-4240-000 66.88 102898 101-421-4240-000 15.76 102911 101-421-4300-000 245.00 102909 101-421-4300-000 49.30 102934 101-421-4300-000 100.00 102938 101-421-4310-000 311.70 102912 101-421-4310-000 307.65 102912 101-421-4310-000 305.40 102912 101-421-4310-000 306.30 102912 101-421-4330-000 5.00 102911 101-421-4330-000 5.00 102911 101-421-4330-000 74.93 102938 101-422-4200-000 44.25 102938 101-430-4221-000 163.90 102854 101-430-4221-000 329.96 102854 101-430-4223-000 3,000.00 102940 101-430-4224-000 1,545.45 102850 101-430-4224-000 65.09 102861 101-430-4224-000 262.04 102861 101-430-4224-000 945.00 102939 101-430-4240-000 98.47 102854 101-430-4385-000 53.05 102860 101-430-4385-000 464.65 102943 November GIS Services November GIS Services MN Co. Attorney's Assoc./Forfeiture Forms Floppydisk.com/Discovery Labels Amazon/Flash Drives Swanson Oath of Office Ramsey Co. CLEO Remote Camera for Investigation Amazon/Recorder for Holding Area Range Rental PD Qualifications Crisis Negotiation Training Hennepin Tech/M-STEP Registration Circle Pines Post Office/Postage SuperFabric/UniformAllowance T. Vang Beyond the Office Door/Uniform Allowance K. Leibel Electric Document Destruction Ricoh MP 4001 SP Copier Maintenance Contract LTG Power Equip/Stihl Bar Oil 1 Gallon Hose Swivel Gaskets Retractable Utility Knives Material for Flare Holders Preplacement Screen E. Solnitzky Firefighter Backgrounds MN Board of Firefighters/Firefighter License Background W. Thole Background V. Verley Background L. Molin Background T. Belting Fire Conference Parking Fire Conference Parking Amazon/Fire Inspector Workbook JP Cooke/Received Date Stamp Anti -Freeze, Ratchets, JHook Shelf, Retractable 12/3 40 Cor Bald Eagle Striping Class 5 Gravel Asphalt Mix -4A 1 TN Asphalt Mix -11 4 TN Cold Mix UPM #2 Winter - Pothole Patch Material Sockets for Street Shed Shop Signal Phone Electric AP - AP Checks by Account Number (12/23/2015) Page 2 of 7 last name acct 1 base amount check number description Xcel Energy Rick Johnson Deer & Beaver Inc Valley Paving - Shakopee Mansfield Oil Company U.S. Bank U.S. Bank Boyer Trucks, Inc. Boyer Trucks, Inc. Factory Motor Parts Company Factory Motor Parts Company Factory Motor Parts Company Factory Motor Parts Company Factory Motor Parts Company Fastenal Company Hydraulics Plus & Consulting O'Reilly Automotive Stores O'Reilly Automotive Stores O'Reilly Automotive Stores Safety Kleen Corporation, Inc. Sprayer Specialties, Inc. Towmaster U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank Ziegler, Inc. AmeriPride Services, Inc. Emergency Apparatus Maint. Costco Wholesale Image Printing & Graphics, Inc Staples Advantage Staples Advantage Staples Advantage Staples Advantage U.S. Bank U.S. Bank Craig Severson Construction 101-430-4385-000 4,762.38 102943 101-430-4410-000 180.00 102919 101-430-4410-000 10,171.24 102940 101-431-4212-000 3,704.07 102896 101-431-4212-000 14.97 102938 101-431-4212-000 14.41 102938 101-431-4221-000 -125.00 102856 101-431-4221-000 185.05 102856 101-431-4221-000 89.56 102869 101-431-4221-000 358.28 102869 101-431-4221-000 246.32 102869 101-431-4221-000 -604.60 102869 101-431-4221-000 406.72 102869 101-431-4221-000 26.69 102870 101-431-4221-000 326.16 102884 101-431-4221-000 72.92 102907 101-431-4221-000 11.12 102907 101-431-4221-000 15.28 102907 101-431-4221-000 45.84 102922 101-431-4221-000 574.63 102925 101-431-4221-000 302.60 102933 101-431-4221-000 503.99 102938 101-431-4221-000 194.00 102938 101-431-4221-000 7.72 102938 101-431-4221-000 21.94 102938 101-431-4221-000 287.99 102938 101-431-4221-000 304.41 102938 101-431-4221-000 8.87 102938 101-431-4221-000 99.00 102938 101-431-4221-000 140.39 102938 101-431-4221-000 45.65 102938 101-431-4221-000 272.18 102944 101-431-4300-000 37.09 102843 101-431-4300-000 147.29 102865 101-432-4200-000 10.39 102838 101-432-4200-000 59.00 102885 101-432-4200-000 354.04 102927 101-432-4200-000 -175.04 102927 101-432-4200-000 29.26 102927 101-432-4200-000 1,917.80 102927 101-432-4200-000 40.50 102938 101-432-4200-000 11.50 102938 101-432-4211-000 2,160.00 102863 Electric November Dead Deer Removal Bald Eagle Striping 1,991 87 Unl w/10% Eth Bill's/Non-oxy Gasoline Bill's/Non-oxy Gasoline Core Return #249 Reservoir #384 Rotor Asy Part Returned on #1-4858207 Part Returned on #1-4858207 Parts Returned Stock Rotor Asy Fasteners Hoses #211 & #214 Wiper Blades Stock Oil & Air Filter Stock Oil Filter Solvent Parts for Brining Equipment #218 Valve Directional Solenoid Zoro/LED Light Bars for New Vehicles Zoro/Fire Extinguisher Mounting Brackets for Trucks Amazon/Tire Lube Applicators for Mounting New Tires Amazon/Convex Mirrors for Plow Trucks Zoro/LED Strobe Beacon for new GMC Sierra 1500 Pickup National Fleet Parts/Brake Pads for Police Vehicles Amazon/Rubber Valve Stems for Tires Amazon/Prime for Ordering Parts & Supplies Auto Anything/Seat Covers for New Ford F250 Fleet Farm/Ratchet Straps, Hitch Pins for Brine Tanks in Trucks #251 Battery Shop Towels Repair Leaking Air Valve E -I 1 Plates for City Hall Business Cards M. Brang Imaging Drum, Toner, Desk Pads Credit for Defective Toner Masking Tape, Calendars Nicole's Cube Improvements JP Cooke/MN Notary Stamp J. Bartell OfficeMax/5 Tab Dividers Repair Rain Gutter, Install Leaf/Ice Guard AP - AP Checks by Account Number (12/23/2015) Page 3 of 7 last name acct 1 base amount check number description Dalco, Inc. Menards MN Dept of Labor & Industry U.S. Bank U.S. Bank U.S. Bank U.S. Bank Roof Spec Inc. TDS Metrocom MN Xcel Energy Centennial Utilities CenterPoint Energy CenterPoint Energy CenterPoint Energy Ace Solid Waste, Inc. Ace Solid Waste, Inc. Ace Solid Waste, Inc. Business Data Record Services Jani-King Of Minnesota, Inc. Jani-King Of Minnesota, Inc. Metro Sales Incorporated Premium Waters, Inc. Star Tribune Twin City Garage Door Co, Inc Frattallone's/Circle Pines Ace U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank Gooder Clark Jensen Richard Levi Andrew Huelman Pat Nordlund John Xcel Energy Centennial Utilities Centennial Utilities Centennial Utilities CenterPoint Energy Ace Solid Waste, Inc. 101-432-4211-000 233.62 102864 101-432-4211-000 54.47 102898 101-432-4211-000 10.00 102902 101-432-4211-000 45.18 102938 101-432-4211-000 29.98 102938 101-432-4211-000 15.54 102938 101-432-4211-000 103.54 102938 101-432-4300-000 1,300.00 102920 101-432-4321-000 225.48 102932 101-432-4381-000 4,194.62 102943 101-432-4383-000 2,244.04 102858 101-432-4383-000 177.09 102859 101-432-4383-000 96.20 102859 101-432-4383-000 88.77 102859 101-432-4384-000 253.03 102841 101-432-4384-000 50.00 102841 101-432-4384-000 303.91 102841 101-432-4410-000 185.44 102857 101-432-4410-000 2,936.00 102886 101-432-4410-000 455.00 102886 101-432-4410-000 50.75 102900 101-432-4410-000 89.48 102914 101-432-4410-000 42.25 102928 101-432-4410-000 120.00 102936 101-450-4211-000 21.97 102873 101-450-4211-000 29.14 102938 101-450-4211-000 228.62 102938 101-450-4211-000 24.95 102938 101-450-4211-000 7.52 102938 101-450-4211-000 234.00 102938 101-450-4211-000 35.75 102938 101-450-4240-000 289.25 102938 101-450-4331-000 50.00 102876 101-450-4331-000 50.00 102887 101-450-4331-000 50.00 102893 101-450-4331-000 50.00 102881 101-450-4331-000 50.00 102904 101-450-4381-000 92.04 102943 101-450-4383-000 77.95 102858 101-450-4383-000 25.69 102858 101-450-4383-000 71.74 102858 101-450-4383-000 19.61 102859 101-450-4410-000 161.95 102841 Windows White Towels, Bath Issue LED Brz Bar, Shallow Pot Magnet Pressure Vessel Fire Station #2 Home Depot/File Room Shelving Amazon/Charger for iPads Target/Adhesives for Name Plates Home Depot/Holiday Landscaping Fire Station Roof Phone Service Electric Natural Gas -600 Town Ctr Pkwy Natural Gas -1187 Main St. Natural Gas -1189 Main St. Natural Gas -1189 Main St. Trash/Recycling Trash/Recycling Trash/Recycling Document Destruction December Monthly Contract December Monthly Contract Ricoh MP 6002SP Copier Maintenance Contract Kandiyohi Water 13 Week Subscription Inspect & Test East Door Back Side Supplies for Birch Park Home Depot/Line Paint Home Depot/Hockey Board Replacement Home Depot/Vent Caps Sunrise Building Home Depot/Spray Paint for Parks Dog Waste Depot/Dog Waste Bags Home Depot/Hockey Board Replacement AM Leonard/Pruning Saws 4th Qtr Parks Board 4th Qtr Parks Board 4th Qtr Parks Board 4th Qtr Parks Board 4th Qtr Parks Board Electric Natural Gas -6918 Sunrise Natural Gas -6811 Lake Drive Natural Gas -7204 Lake Dr Natural Gas -1179 Main St. Trash/Recycling AP - AP Checks by Account Number (12/23/2015) Page 4 of 7 last name acct 1 base amount check number description Jimmy's Johnnys U.S. Bank Andrzejewski Paula Bor Barbara Kaufenberg Liz Klebba Nancie L. Heiskary Steven A. Schwartz Alexander P. Sullivan John E. Freimuth Enterprises, LLC Recycle Away, LLC Republic Services #894 Petty Cash - Heather Robinson Petty Cash - Heather Robinson U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank Petty Cash - Heather Robinson Petty Cash - Heather Robinson Wargo Nature Center U.S. Bank Minnesota Coaches, Inc. Lil Mandile Tours Image Printing & Graphics, Inc Taho Sportswear, Inc. AV Events Emergency Automotive Tech. Blue Tow Service, Inc. Blue Tow Service, Inc. U.S. Bank U.S. Bank Ratwik, Roszak & Maloney, PA Paul Conway Shields Fire Safety U.S.A. Fire Safety U.S.A. Fire Safety U.S.A. Fire Safety U.S.A. Fire Safety U.S.A. Fire Safety U.S.A. BDS Laundry Systems 101-450-4410-000 8.57 102888 101-450-4410-000 124.30 102938 101-461-4331-000 100.00 102845 101-461-4331-000 100.00 102855 101-461-4331-000 150.00 102890 101-461-4331-000 150.00 102891 101-461-4331-000 150.00 102880 101-461-4331-000 150.00 102923 101-461-4331-000 150.00 102929 101-462-4410-000 375.00 102874 101-462-4410-000 808.77 102917 101-462-4410-000 108.20 102918 201-202-4211-842 30.00 102910 201-205-4211-812 3.21 102910 201-205-4211-814 6.58 102938 201-205-4211-814 134.64 102938 201-205-4211-825 61.91 102938 201-205-4211-825 0.99 102938 201-205-4211-827 105.00 102938 201-205-4211-827 78.72 102938 201-205-4211-827 30.00 102910 201-205-4211-868 14.15 102910 201-205-4410-810 510.00 102941 201-205-4410-862 151.00 102938 201-205-4410-890 567.90 102901 201-205-4410-890 1,180.00 102895 201-207-4211-835 185.01 102885 201-208-4211-856 3,097.50 102930 205-497-4211-000 170.00 102847 206-420-5000-000 1,130.88 102866 208-420-4300-000 140.00 102853 208-420-4300-000 140.00 102853 335-470-6030-000 450.00 102937 337-470-6030-000 450.00 102937 401-499-4304-000 942.50 102916 402-421-5000-000 462.40 102908 402-421-5000-000 11,193.00 102871 402-421-5000-000 3,559.00 102871 402-421-5000-000 7,750.00 102871 402-421-5000-000 108,712.00 102871 402-421-5000-000 2,575.00 102871 402-421-5000-000 _ 480.00 102871 402-421-5000-421 13,589.00 102852 Toilet Rental Rice Lake Elem Northway Irrigation/Winterize Irrigation System 4th Qtr Environmental Board 4th Qtr Environmental Board 4th Qtr Environmental Board 4th Qtr Environmental Board 4th Qtr Environmental Board 4th Qtr Environmental Board 4th Qtr Environmental Board November Recycling Recycling & Waste Baskets Organic Recycling Volleyball Petty Cash Program Supplies Target/Program Supplies Amazon/Books for Senior Book Club Oriental Trading/Program Supplies Cricut/Program Supplies Target/Program Supplies Walmart/Program Supplies Program Supplies Program Supplies Playground Program Xcel Energy Center/Disney on Ice Tickets Senior Trip Transportation Senior Trip - Holiday Charm Warming House Signs Jerseys BHD Audio Speaker & Microphone Gamber Johnson Quad Motion TS -3 ICR #15-300887 Toyota Camry ICR #15-300719 Hyundai XG350 MN GO Bonds 2012A MN GO Bonds 2014A Nov Legal Firefighter Shields Fire Boots Fire Helmets Resqtec 89 Ton NT Airbag Package Fire Helmets, Coats, Pants Streamlight LED Survivors SCBA Brackets UniMac Cabinet Washer, UniMac Turn Out Gear Dryer AP - AP Checks by Account Number (12/23/2015) Page 5 of 7 Last name acct 1 base amount check number description U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank U.S. Bank Accela, Inc. #774375 Accela, Inc. #774375 WSB & Associates, Inc. WSB & Associates, Inc. Anoka Co. Property Records Tax SEH Technology Solutions Inc Ratwik, Roszak & Maloney, PA Ratwik, Roszak & Maloney, PA American Engineering Testing, Inc. Engineering Design Initiative, Ltd. CNH Architects Ratwik, Roszak & Maloney, PA Stantec Consulting Services Stantec Consulting Services Olson's Sewer Service, Inc. U.S. Bank U.S. Bank HD Supply Waterworks, Ltd. Hawkins, Inc. Stantec Consulting Services TDS Metrocom MN Petty Cash - Heather Robinson Petty Cash - Heather Robinson Xcel Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy CenterPoint Energy Gopher State One -Call U.S. Bank Batteries Plus Bulbs Batteries Plus Bulbs O'Reilly Automotive Stores U.S. Bank MPCA Xcel Energy Xcel Energy 402-421-5000-421 919.96 102938 402-421-5000-421 1,999.91 102938 402-421-5000-421 1,398.05 102938 402-421-5000-421 10,295.75 102938 402-421-5000-421 -1,849.99 102938 402-421-5000-421 190.00 102938 403-407-4300-000 1,898.78 102840 403-407-4300-000 1,599.47 102840 421-499-4304-113 20,997.50 102942 421-499-4304-113 9,527.95 102942 422-499-4300-000 486.57 102835 422-499-4304-000 550.00 102924 474-499-4301-082 172.06 102916 476-499-4301-096 46.50 102916 478-499-4300-000 4,284.90 102842 478-499-4300-000 300.00 102867 478-499-4300-000 6,226.46 102862 479-499-4301-112 14.50 102916 479-499-4304-111 111.50 102926 479-499-4304-112 1,335.31 102926 481-499-4400-000 18,282.47 102905 601-494-4211-000 28.30 102938 601-494-4211-000 187.67 102938 601-494-4215-000 57.74 102879 601-494-4222-000 45.00 102878 601-494-4304-000 152.00 102926 601-494-4321-000 36.78 102932 601-494-4322-000 5.75 102910 601-494-4322-000 11.95 102910 601-494-4381-000 2,807.32 102943 601-494-4383-000 17.44 102859 601-494-4383-000 15.85 102859 601-494-4383-000 27.54 102859 601-494-4383-000 16.39 102859 601-494-4410-000 148.05 102877 602-495-4211-000 31.90 102938 602-495-4211-000 119.70 102851 602-495-4211-000 419.65 102851 602-495-4211-000 39.48 102907 602-495-4240-000 92.03 102938 602-495-4330-000 45.00 102903 602-495-4381-000 18.82 102943 602-495-4381-000 1,819.41 102943 Best Buy/Monitors & Mounts for Fire Station #2 Ashley Furniture/Matinee Java Recl, Pierce Chairside Table Target/BUNN Coffee Brewers, Coffee Airpots, Flatware, Cookware Tierney/SMART Board, SMART Mobile Stand Warners Stellian/Credit for Training Room Frig Zachman's WaterCare/Fro-50GPD w/4 Gallon Tank Consultant Travel for UB Go -Live Week Consultant Travel for UB Setup Week August 2015 Mill & Overlay Improvements September 2015 Mill & Overlay Improvements 2015 Property Taxes 30-31-22-21-0003 November GIS Services Nov Legal Nov Legal Fire Station Testing Services November Fire Station #2 Professional Services Architectural Design Fire House #2 Nov Legal November Well No. 6 November Pump House No. 6 Wetland Mitigation Home Depot/Paint, Drywall Screws, Tool Bag Home Depot/Wellhouse Storage Shelves Sensus Socket Chlorine Cylinders November General Engineering Phone Service Utilities Postage Utilities Postage Electric Natural Gas -6520 Pheasant Run Natural Gas -6774 Black Duck Dr Natural Gas -6786 Clearwater Ck Natural Gas -1180 Birch St. November Tickets Home Depot/Gloves 12V Leads 12V Leads Hose Clamp, Anti -Freeze Home Depot/Gloves, Split Point Bit, Toggle Strap, Stud Sensor Certification J. Williams Electric Electric AP - AP Checks by Account Number (12/23/2015) Page 6 of 7 last name acct 1 base amount check number description CenterPoint Energy CenterPoint Energy CenterPoint Energy Centennial Utilities CenterPoint Energy Gopher State One -Call Anoka Co. Property Records Tax Anoka Co. Property Records Tax Hutton John Ratwik, Roszak & Maloney, PA 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4383-000 602-495-4410-000 801-000-2300-000 801-000-2300-000 801-000-2318-000 801-000-2332-103 20.07 102859 Natural Gas -6666 Black Duck Dr 19.00 102859 Natural Gas -1473 Snow Goose Tr 17.92 102859 Natural Gas -6300 Laurene Ave 19.96 102858 Natural Gas -Sunrise 19.54 102859 Natural Gas -2200 E. Cedar St. 148.05 102877 November Tickets 46.00 102846 Dev. Agreement Morell Borrow Pit 46.00 102846 Resolution No. 15-119 6602 Pheasant Run 1,950.00 102882 Escrow Release 6449 Hodgson Road 205.00 102916 Nov Legal - Saddle Club 342,392.79 AP - AP Checks by Account Number (12/23/2015) Page 7 of 7 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 12/3/2015 - 12/18/2015 Dec 18, 2015 04:34PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 12/15 12/18/2015 7139 130710 MN CHAPTER IAA! TRAINING -BURN TO LEARN CL 50.00- V 12/15 12/18/2015 7234 10600 ANCOM COMMUNICATIONS, IN SALES TAX 11.17 12/15 12/18/2015 7235 10650 ANDOVER FIRE DEPARTMENT COATS, PANTS, DRUG SCREE 11,200.00 12/15 12/18/2015 7236 11810 AUTO PLUS -LEXINGTON -10388 AUTO PART 49.75 12/15 12/18/2015 7237 20353 BLAINE BROTHERS, INC VIN 060 AXLE SERVICE 2,623.49 12/15 12/18/2015 7238 30480 CENTENNIAL UTILITIES NOV UTILITIES STATION 1 118.18 12/15 12/18/2015 7239 30490 CENTERPOINT ENERGY STATION 2 NOV GAS 133.64 12/15 12/18/2015 7240 30575 CITY OF CIRCLE PINES POSTAGE 2015 194.88 12/15 12/18/2015 7241 30800 COLUMBIA HEIGHTS FIRE DEP PPE REIMBURSE OCT-NOV 15,350.00 12/15 12/18/2015 7242 31137 CONNEXUS ENERGY NOV ELECTRIC STATION 1 466.23 12/15 12/18/2015 7243 70480 GOLD STAR AUTO BODY & FRA 2010 FORD F150 REPAIR 267.60 12/15 12/18/2015 7244 90151 IMAGE PRINTING & GRAPHICS BUSINESS CARDS 291.26 12/15 12/18/2015 7245 120450 CITY OF LINO LAKES NOV REIMB-FEMA INSURANCE 26,176.95 12/15 12/18/2015 7246 160050 PAETEC, INC DEC PHONES STATION 2 160.06 12/15 12/18/2015 7247 Void Check .00 V 12/15 12/18/2015 7248 Void Check .00 V 12/15 12/18/2015 7249 Void Check .00 V 12/15 12/18/2015 7250 Void Check .00 V 12/15 12/18/2015 7251 190315 MIKE SCHWEIGERT NOV CELL PHONE 50.00 12/15 12/18/2015 7252 190820 BENJAMIN J. STEPAN EMS INSTRUCTOR PAY 301.50 12/15 12/18/2015 7253 220200 VERIZON WIRELESS NOV CELL PHONE -BRUDER 53.09 12/15 12/18/2015 7254 240100 XCEL ENERGY NOV ELECTRIC STATION 2 452.35 Grand Totals: 57,850.15 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICT Invoice Register - Edit Report Page: 1 Input Dates: 12/3/2015 - 12/18/2015 Dec 18, 2015 04:08PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period 12/18/2015 10600 ANCOM COMMUNICATIONS, INC ANCOM CO 10600 57024 1 Invoi PAGER PACKAGE/SERVICE 12/18/2015 12/18/2015 12.00 801-42-2210-407 12/15 ANCOM CO 10600 57024 2 Invoi SALES TAX 12/18/2015 12/18/2015 .83- 801-21800 12/15 Total 10600 ANCOM COMMUNICATIONS, INC: 11.17 10650 ANDOVER FIRE DEPARTMENT ANDOVER 10650 12/18/201 1 Invoi COATS, PANTS, DRUG SCREE 12/18/2015 12/18/2015 11,200.00 201-42-2230-399 12/15 Total 10650 ANDOVER FIRE DEPARTMENT: 11,200.00 11810 AUTO PLUS -LEXINGTON -10388 AUTO PLU 11810 38828660 1 Invoi AUTO PART 12/18/2015 12/18/2015 49.75 801-42-2210-404 12/15 Total 11810 AUTO PLUS -LEXINGTON -10388: 49.75 20353 BLAINE BROTHERS, INC BLAINE BR 20353 01012195 1 Invoi VIN 424 MAINTENANCE 12/18/2015 12/18/2015 550.37 801-42-2210-404 12/15 BLAINE BR 20353 10121878 1 Invoi VIN 816 RADIATOR, BRAKES, E 12/18/2015 12/18/2015 1,575.78 801-42-2210-404 12/15 BLAINE BR 20353 10121953 1 Invoi VIN 060 AXLE SERVICE 12/18/2015 12/18/2015 497.34 801-42-2210-404 12/15 Total 20353 BLAINE BROTHERS, INC: 2,623.49 30480 CENTENNIAL UTILITIES CENTENNI 30480 7104200 1 Invoi NOV UTILITIES STATION 1 12/18/2015 12/18/2015 118.18 801-42-2210-380 12/15 Total 30480 CENTENNIAL UTILITIES: 118.18 30490 CENTERPOINT ENERGY CENTERP 30490 12/18/15 1 Invoi STATION 2 NOV GAS 12/18/2015 12/18/2015 133.64 801-42-2210-380 12/15 Total 30490 CENTERPOINT ENERGY: 133.64 30575 CITY OF CIRCLE PINES CITY OF CI 30575 12/18/15 1 Invoi POSTAGE 2015 12/18/2015 12/18/2015 194.88 801-42-2210-322 12/15 Total 30575 CITY OF CIRCLE PINES: 194.88 30800 COLUMBIA HEIGHTS FIRE DEPT COLUMBIA 30800 12/18/15 1 Invoi PPE REIMBURSE OCT-NOV 12/18/2015 12/18/2015 15,350.00 201-42-2230-307 12/15 Total 30800 COLUMBIA HEIGHTS FIRE DEPT: 15,350.00 31137 CONNEXUS ENERGY CONNEXU 31137 12/18/15 1 Invoi NOV ELECTRIC STATION 1 12/18/2015 12/18/2015 466.23 801-42-2210-380 12/15 Total 31137 CONNEXUS ENERGY: 466.23 70480 GOLD STAR AUTO BODY & FRAME INC GOLD STA 70480 12/18/15 1 Invoi 2010 FORD F150 REPAIR 12/18/2015 12/18/2015 267.60 801-42-2210-404 12/15 Total 70480 GOLD STAR AUTO BODY & FRAME INC: 267.60 90151 IMAGE PRINTING & GRAPHICS INC IMAGE PRI 90151 145646 1 Invoi BUSINESS CARDS 12/18/2015 12/18/2015 54.00 201-42-2210-201 12/15 IMAGE PRI 90151 145647 1 Invoi BUSINESS CARDS 12/18/2015 12/18/2015 237.26 801-42-2210-350 12/15 CENTENNIAL FIRE DISTRICT Invoice Register- Edit Report Page: 2 Input Dates: 12/3/2015 - 12/18/2015 Dec 18, 2015 04:08PM Name Vendor Number Invoice Seq Type Description Invoice Date Payment Due Date Total Cost GL Account GL Period Total 90151 IMAGE PRINTING & GRAPHICS INC: 291.26 120450 CITY OF LINO LAKES CITY OF LI 120450 12/18/15 1 Invoi NOV REIMB-FT SALARIES 12/18/2015 12/18/2015 12,048.00 801-42-2210-101 12/15 CITY OF LI 120450 12/18/15 2 Invoi NOV REIMB-PAYROLL TAXES 12/18/2015 12/18/2015 2,117.98 801-42-2210-120 12/15 CITY OF LI 120450 12/18/15 3 Invoi NOV REIMB-INSURANCE 12/18/2015 12/18/2015 1,827.95 801-42-2210-130 12/15 CITY OF LI 120450 12/18/15 4 Invoi NOV REIMB-EMS COORD SALA 12/18/2015 12/18/2015 3,136.00 801-42-2240-104 12/15 CITY OF LI 120450 12/18/15 5 Invoi NOV REIMB-EMS COORD PAYR 12/18/2015 12/18/2015 475.10 801-42-2240-120 12/15 CITY OF LI 120450 12/18/15 6 Invoi NOV REIMB-FUEL 12/18/2015 12/18/2015 671.55 801-42-2210-212 12/15 CITY OF LI 120450 12/18/15 7 Invoi NOV REIMB-FEMA SALARIES 12/18/2015 12/18/2015 4,651.20 201-42-2210-101 12/15 CITY OF LI 120450 12/18/15 8 Invoi NOV REIMB-FEMA PAYROLL TA 12/18/2015 12/18/2015 681.34 201-42-2210-120 12/15 CITY OF LI 120450 12/18/15 9 Invoi NOV REIMB-FEMA INSURANCE 12/18/2015 12/18/2015 567.83 201-42-2210-130 12/15 Total 120450 CITY OF LINO LAKES: 26,176.95 130710 MN CHAPTER IAAI MN CHAPT 130710 092115 2 Adju TRAINING -BURN TO LEARN CL 09/21/2015 09/21/2015 50.00- 801-42-2210-331 12/15 Total 130710 MN CHAPTER IAAI: 50.00- 160050 PAETEC, INC PAETEC, I 160050 58963489 1 Invoi DEC PHONES STATION 2 12/18/2015 12/18/2015 160.06 801-42-2210-321 12/15 Total 160050 PAETEC, INC: 160.06 190315 MIKE SCHWEIGERT MIKE SCH 190315 12/18/15 1 Invoi NOV CELL PHONE 12/18/2015 12/18/2015 50.00 201-42-2220-302 12/15 Total 190315 MIKE SCHWEIGERT: 50.00 190820 BENJAMIN J. STEPAN BENJAMIN 190820 12/18/201 1 Invoi EMS INSTRUCTOR PAY 12/18/2015 12/18/2015 301.50 801-42-2240-302 12/15 Total 190820 BENJAMIN J. STEPAN: 301.50 220200 VERIZON WIRELESS VERIZON 220200 97567152 1 Invoi NOV CELL PHONE -BRUDER 12/18/2015 12/18/2015 53.09 801-42-2210-321 12/15 Total 220200 VERIZON WIRELESS: 53.09 240100 XCEL ENERGY XCEL ENE 240100 48184301 1 Invoi NOV ELECTRIC STATION 2 12/18/2015 12/18/2015 452.35 801-42-2210-380 12/15 Total 240100 XCEL ENERGY: 452.35 Total 12/18/2015: 57,850.15 12/18/2015 GL Period Summary GL Period Amount 12/15 57,850.15 Grand Totals: 57,850.15 CENTENNIAL FIRE DISTRICT Invoice Register- Edit Report Page: 3 Input Dates: 12/3/2015 - 12/18/2015 Dec 18, 2015 04:08PM GL Period Amount Grand Totals: 57,850.15 Report GL Period Summary GL Period Amount 12/15 57,850.15 Grand Totals: 57,850.15 Vendor number hash: 1751028 Vendor number hash - split: 2725228 Total number of invoices: 21 Total number of transactions: 30 Terms Description Invoice Amount Discount Amount Net Invoice Amount Open Terms 57,850.15 .00 57,850.15 Grand Totals: 57,850.15 .00 57,850.15 CITY COUNCIL WORK SESSION December 7, 2015 DRAFT DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT CITY OF LINO LAKES MINUTES : December 7, 2015 . 6:00 p.m. . 9:30 p.m. : Council Member Stoesz, Kusterman, Rafferty, Roeser and Mayor Reinert : None Staff members present: City Administrator Jeff Karlson; Community Development Director Michael Grochala; Finance Director Sarah Cotton; Public Safety Director John Swenson; City Planner Katie Larsen; City Engineer Diane Hankee; Public Services Director Rick DeGardner; City Clerk Julie Bartell 1. Franchise Ordinance for CenturyLink (Item 3A, December 14, 2015 Council Agenda) - Administrator Karlson introduced the North Metro Telecommunications Commission's attorney, Mike Bradley, who gave a presentation regarding a cable franchise application from CenturyLink. Mr. Bradley's PowerPoint presentation is included in the council packet. He noted that the council will be considering an ordinance granting a cable television franchise to CenturyLink on December 14. The council asked about the benefits to the citizens and heard that although the new services will cost about the same as for the current provider, there may be more services or channels offered by CenturyLink for the same cost. The entire city will not be included initially but more service area will be added as the franchise grows. There will be some system infrastructure added while some is in place already. Council Member Stoesz, who represents the city on the North Metro Telecommunications Board, said he is supportive of the action because he feels the additional services will benefit the city and there will be franchise fees as well. There will be different levels of service speed offered. 2. American Legion Parking - The American Legion has approached the city regarding the possibility of expanding their parking area onto City owned property adjacent to their site and the matter was discussed at the November 2, 2015 council work session. At that time the council requested that the American Legion determine what they need for parking spaces, develop a parking plan, and determine how much land would be needed to construct it. A representative of the Lino Lakes American Legion post spoke to the council about the Legion's plans. He distributed a hand drawn site plan. Community Development Director Grochala discussed the need to have water run off plans that can be reviewed by the watershed district. CITY COUNCIL WORK SESSION December 7, 2015 DRAFT 46 The mayor suggested that staff meet with Legion representatives regarding their plans in 47 order to get the process into manageable steps for them. He suggested that the possible 48 lease of the land be included in discussions. 49 50 Staff will need additional information from the Legion to be able to develop options for 51 the sale or lease of the property for this purpose. 52 53 3. Lot Combination Requirement for 6966 and 6970 Lake Drive (Stanek 54 Properties)- City Planner Larsen reviewed her staff report explaining the history of the 55 Stanek property. The council granted a rezoning that allows the family to keep animals 56 on the property. However there is an issue at the property still since an accessory 57 structure that was built without a permit is in violation of city regulations. This is 58 because the two lots owned by the Staneks have not yet been combined. The Staneks are 59 therefore asking the council to amend the zoning ordinance to allow accessory structures 60 without a principal structure. Staff does not support such an amendment; an ordinance 61 amendment like that would not provide city wide benefit. The accessory building that is 62 in violation should be removed or a formal lot combination done thereby making the 63 accessory structure allowable. Ms. Larsen noted that the Staneks have removed other 64 accessory buildings but one remains. 65 66 Carol Stanek, 6966 and 6970 Lake Drive, asked the council to allow her a permit to keep 67 her accessory structure. The lot is quite large at three acres. 68 69 Options presented to Ms. Stanek were: 70 - Tear down the structure; 71 - Combine the lots; 72 - Move the structure and attach it to another building; 73 - Receive a variance from the city (strongly not recommended by staff). 74 75 4. Bald Eagle Lake Properties in Anoka County/Washington County - 76 Community Development Director Grochala explained that council members have 77 expressed interest in investigating what it would take to change the boundary of Anoka 78 County to include 7 or possibly 8 lots that currently straddle the Anoka 79 County/Washington County border. These lots are somewhat unique in that they front 80 Bald Eagle Blvd in Lino Lakes (Anoka County) and the rear of the property is located in 81 the City of Hugo (Washington County) abutting Bald Eagle Lake. The Washington 82 County portions of the lot are only accessible by land through Anoka 83 County. As the staff report outlines, Mr. Grochala explained that there is a process for 84 changing county boundaries but it is quite onerous and he doesn't believe it is viable for 85 these few properties. Further there could be legal expenses to the city. 86 87 Council Member Roeser suggested that the city could speak with the state legislators for 88 the area about getting special legislation. He sees that the city provides all the services 89 for the properties and so should receive all the tax revenue. 90 2 CITY COUNCIL WORK SESSION December 7, 2015 DRAFT 91 5. Web -Based Utility Payments — Finance Director Cotton explained that staff is 92 ready to implement the web -based utility billing module within the City's new financial 93 system and it will offer 24/7 account access including payment of payment of utility bills 94 on-line using ACH, Debit, or Credit. Before that service can be put in place however a 95 decision needs to be made regarding utilization of a Visa Utility Rate Fee structure or a 96 Convenience Fee model. She explained the aspects of each. 97 98 Council Member Roeser talked about how much it actually costs the city to receive 99 payments in check form. 100 101 When asked by the council which structure she would recommend, Ms. Cotton said the 102 Visa Utility Rate Fee would be less work and would provide more incentive for 103 customers to join the process. The council concurred with Ms. Cotton's 104 recommendation. Council Member Stoesz mentioned that he may have a conflict of 105 interest because he works for a financial institution; he is supportive of the concept for 106 the enhanced service it provides to the residents. Mayor Reinert suggested that staff keep 107 the council updated on feedback as the system is implemented. 108 109 6. Joint Powers Agreement with Anoka County for Highway 12 (109th Av 110 NE/Apollo Drive) and County Road 53 (Sunset Av) Intersection Improvements — 111 City Engineer Hankee noted that the council recently received an overview of this project 112 from Anoka County engineers. The proposed layout of the project is included in the staff 113 report. The next step is to consider entering a joint powers agreement with the county. 114 The City's financial responsibility for the project is for lighting, bituminous walks and 115 storm water for a total amount of $80,000 proposed to be funded through the City's 116 Municipal State Aid (MSA) account and the surface water management fund. 117 118 The council will consider approval of a joint powers agreement at the next council 119 meeting. 120 121 7. Cans for Park Program — Community Development Director Grochala reviewed 122 the history of the program set up to collect aluminum cans at fire stations and use the 123 proceeds to support a park development. He noted proceeds received to date. 124 125 Staff was requested to continue the program and include promotion of it in the city 126 newsletter. 127 128 8. Consideration of Station No. 2 as a Polling Location — Administrator Karlson 129 noted that staff has received comments from council members about the possibility of 130 using the new fire station as a polling place. He noted that inclusion of a community 131 room was eliminated from plans when the project was approved. The station was 132 planned and built to be a secured facility. The facility also has limited parking available. 133 If it were to be open to the public for voting, security would have to be included. 134 3 CITY COUNCIL WORK SESSION December 7, 2015 DRAFT 135 Mayor Reinert expressed his interest in seeing a polling location that better serves the 136 southeastern corner of the city. City Clerk Bartell explained that staff is planning a 137 comprehensive polling place review and precinct increase in the next couple years. As 138 part of that process, it is important to look at the city as a whole, consider where growth 139 may occur, and manage polling places accordingly. Mayor Reinert suggested that 140 Eaglebrook Church would be a good new location. Also the mayor noted that a smaller 141 precinct could be set up where parking is limited. The conversation should include 142 safety concerns when school facilities are involved. The council will look forward to 143 hearing from staff with more information; the matter should be included on the Monthly 144 Progress Report. 145 146 9. Laserfiche View Modifications - Administrator Karlson noted that Council 147 Member Stoesz requested a modification to the Laserfiche Web view page to indicate, for 148 transparency, when files have been changed (a file stamp). City Clerk Bartell explained 149 that the city's Laserfiche use is tied to a partnership with Metro iNet and other cities that 150 are using Laserfiche through that network. A change in the banner would impact all the 151 cities using the public web link. 152 153 Administrator Karlson attends an administrators' group for Metro iNet and so he will 154 bring up the matter and attempt to reach an agreement for some change. That way any 155 costs could be shared also. 156 157 Mayor Reinert asked that the issue be added to the Monthly Program Report so the 158 council can stay on top of it. 159 160 10. Final 2016 Budget Review — Finance Director Cotton provided updated budget 161 information. She reviewed recent decisions that will reduce the transfer from the Closed 162 Bond Fund (CBF). She reviewed the Office Equipment Fund and planned expenses and 163 noted staff's recommendation to continue the annual appropriation of $25,000 per year 164 but to take a onetime $100,000 transfer from that fund for 2016. She discussed the 165 computer tablet replacement program and Administrator Karlson noted his discussion 166 with Metro iNet that indicates that many cities are moving toward Microsoft Office Pro 167 as the preferred unit. The mayor suggested that people should have a choice according 168 to their needs and preference. Council Member Stoesz suggested allowing Samsung 169 products as a cheaper option. The tablet devaluation rate of $200 biannually will remain 170 in place. 171 172 The Finance Director reviewed the city's enterprise and recreation funds. Public 173 Services Director DeGardner indicated that he will provide a full review of the City's 174 recreation programs to the council. 175 176 The council also reviewed the Capital Equipment Replacement Program. The review 177 included an explanation by staff of plans for replacement of police vehicles. Less 178 replacement equates to more repair costs. The mayor suggested that the council should 179 consider financing the purchase of the vehicles since borrowing costs are so low. 4 CITY COUNCIL WORK SESSION December 7, 2015 DRAFT 180 Council Member Rafferty asked for additional information about the police fleet and staff 181 indicated they will provide more information at a future work session. Mayor Reinert 182 noted that the council should have more review of the capital program with more in depth 183 information; he recommends that members share their questions with staff and then the 184 council will have more discussion in the future. 185 186 11. Schedule Administrator's Annual Review - The council called for a special 187 closed session for this purpose on December 14, 2015, following the regular council 188 meeting that evening. 189 190 12. Advisory Board Appointments- City Clerk Bartell outlined the current status of 191 appointments. The council will hold interviews after the first of the year so that new 192 council members can be a part of that process. 193 194 13. Council Updates on Boards/Commissions — Council Member Stoesz noted the 195 new franchise agreement being considered with CenturyLink; that process originated with 196 the North Metro Telecommunications Board and he is supportive and pleased that it is 197 coming to fruition. 198 199 14. Monthly Progress Report — no report. 200 201 15. Review Regular Agenda of December 14, 2015 — The regular council agenda 202 was reviewed and there were no changes. 203 204 The meeting was adjourned at 9:30 p.m. 205 206 These minutes were considered, corrected and approved at the regular Council meeting held on 207 December 28, 2015. 208 209 210 211 212 Julianne Bartell, City Clerk Jeff Reinert, Mayor 213 5 COUNCIL MINUTES December 14, 2015 DRAFT 1 CITY OF LINO LAKES 2 MINUTES 3 4 5 DATE : December 14, 2015 6 TIME STARTED : 6:30 p.m. 7 TIME ENDED : 8:50 p.m. 8 MEMBERS PRESENT : Council Member Stoesz, Kusterman, Rafferty, 9 Roeser, and Mayor Reinert 10 MEMBERS ABSENT : none 11 12 Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 13 Grochala; Chief of Police John Swenson; Finance Director Sarah Cotton, City Engineer Diane 14 Hankee; and City Clerk Julie Bartell 15 16 PUBLIC COMMENT 17 18 Carol Stanek, 6970 — 6966 Lake Drive, requested that the council allow additional time regarding a 19 code violation on her property. She has an accessory structure that is not allowed. Her husband is 20 currently deployed with U.S. military and it would be a hardship for her to move it on her own. She 21 is requesting the assistance of the Yellow Ribbon Community group in the moving effort. Mayor 22 Reinert explained that the Yellow Ribbon group is just forming in the city and he sees that this would 23 be an appropriate project for them since their goal is to assist military families. That assistance 24 should be available in spring. In the meantime the citation will be held. 25 26 SETTING THE AGENDA 27 28 The agenda was amended to move Item 4A to be discussed first and to remove Item 3B from the 29 agenda. 30 31 CONSENT AGENDA 32 Council Member Kusterman moved to approve Consent Agenda Items 1A through 1M, except Items 33 1G and 1H. Council Member Roeser seconded the motion. Motion carried on a voice vote. 34 Council Member Kusterman moved to approve Consent Agenda Items 1G and 1H as presented. 35 Council Member Roeser seconded the motion. Motion carried on a voice vote; Council Member 36 Rafferty abstained. 37 38 ITEM ACTION 39 40 Consideration of Expenditures: 41 42 December 14, 2015 (Check No. 102712 - 43 102833, $1,121,871.15) Approved 44 1 COUNCIL MINUTES December 14, 2015 DRAFT 45 Centennial Fire District (Check No. 7199 - 46 7229, $40,965.03) Approved 47 48 November 2, 2015 Council Work Session Minutes Approved 49 50 November 16, 2015 Special Council Meeting Minutes Approved 51 52 November 23, 2105 Work Session Minutes Approved 53 54 November 23, 2015 Council Meeting Minutes Approved 55 56 November 23, 2105 Special Work Session Minutes Approved 57 58 November 9, 2015 Council Meeting Minutes Approved 59 60 November 9, 2015 Canvassing Board Minutes Approved 61 62 Resolution No. 15-140, Extension of Time for the 63 Submittal of the Planned Unit Development Final Plan/ 64 Final Plat, Century Farm North 6th Addition Approved 65 66 Resolution No. 15-139, Extension of Time for Conditional 67 Use Permit, Morrell Borrow Pit Approved 68 69 Resolution No. 15-147, Interfund Loan from the Municipal 70 Buildings and Facilities Fund to the 2005A G.O. 71 Improvement Debt Service Fund Approved 72 73 Approval of Application of Aquinas Roman Catholic 74 Home Education Services to conduct excluded bingo 75 on January 9, 2016 at St. Joseph's Church Approved 76 77 FINANCE DEPARTMENT REPORT 78 79 2A) Public Hearing — 2015/16 Property Tax Levy and 2016 Budget 80 i) Consider Resolution No. 15-141, Adopting the Final 2015 Tax Levy, Collectible in 2016; 81 ii) Consider Resolution No. 15-142, Adopting the Final 2016 General Fund Operating 82 Budget; 83 iii) Consider Resolution No. 15-143, Adopting the 2016 Water and Sewer Operating 84 Budgets; 85 iv) Consider Resolution No. 15-144, Adopting the 2016 Recreation Fund Budget 86 Finance Director Cotton reviewed a PowerPoint presentation outling elements of the proposed tax levy 87 and 2016 budget for the City, including: 88 - amount of the proposed levy; 2 COUNCIL MINUTES December 14, 2015 DRAFT 89 - change in the city tax levy from 2012 through 2016; 90 - tax rate for 2012 through 2016 (all taxing jurisdictions); 91 - property tax distribution; 92 - property tax computation; 93 - budget calendar; 94 - what is included in the budget; 95 - the General Fund budget history; 96 - an overview of city revenues; 97 - an overview of the city's Water and Sewer Operating budgets. 98 Mayor Reinert opened the Truth in Taxation public hearing. 99 There being no one present wishing to speak, the public hearing was closed. 100 101 Council Member Kusterman moved to approve Resolution No. 15-141 as presented. Council Member 102 Roeser seconded the motion. Motion carried on a voice vote. 103 104 Council Member Kusterman moved to approve Resolution No. 15-142 as presented. Council Member 105 Roeser seconded the motion. Motion carried on a voice vote. 106 107 Council Member Roeser moved to approve Resolution No. 15-143 as presented. Council Member 108 Kusterman seconded the motion. Motion carried on a voice vote. 109 110 Council Member Kusterman moved to approve Resolution No. 15-144 as presented. Council Member 111 Roeser seconded the motion. Motion carried on a voice vote. 112 113 2B) Consider Resolution No. 15-145, Amending the 2015 General Operating Budget — Finance 114 Director Cotton explained that it is customary to present amendments to the 2015 budget at this time of 115 the year. The amendments are based on fiscal decisions made through the year. 116 117 Council Member Rafferty moved to approve Resolution No. 15-145 as presented. Council Member 118 Stoesz seconded the motion. Motion carried on a voice vote. 119 120 C) Consider Resolution No. 15-146, Committing Specific Revenue Sources in Special Revenue 121 Funds — Finance Director Cotton explained that under the standards of the Government Accounting 122 Standards Board (GASB), the city should act to commit specific revenue to certain special revenue 123 funds as included within this resolution. 124 125 Council Member Rafferty moved to approve Resolution No. 15-146 as presented. Council Member 126 Stoesz seconded the motion. Motion carried on a voice vote. 127 128 ADMINISTRATION DEPARTMENT REPORT 129 3 COUNCIL MINUTES December 14, 2015 DRAFT 130 3A) Public Hearing; Consider Pt Reading of Ordinance No. 13-15, Approving Cable 131 Television Franchise Ordinance with CenturyLink — Mike Bradley, attorney for North Metro 132 Telecommunications, reported. He noted that the council received a full briefing on this matter at 133 their work session the previous week. Staff is now requesting, after a public hearing, that the council 134 approve the first reading of an ordinance that adds a CenturyLink franchise to the city's code of 135 ordinances. 136 137 Mayor Reinert explained for the citizens that if they have cable services in Lino Lakes currently they 138 are receiving those services from Comcast. This franchise will make additional services available in 139 some areas of the city. It will be a longer process for CenturyLink service availability to reach all 140 areas of the city but that is the ultimate goal. Mayor Reinert ask for more information on how the 141 new services will be communicated to residents and if there will be promotions benefiting the 142 residents. 143 144 Kristen Sersland, Government Affairs, CenturyLink, thanked the city council for the opportunity to 145 provide competition in the cable market in Lino Lakes. She offered special thanks to Council 146 Member Stoesz for his involvement in bringing forward the franchise through his work on the board 147 of North Metro Telecommunications. She briefly explained the process for communicating services 148 to the residents. 149 150 Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 151 hearing was closed. 152 153 Council Member Stoesz moved to approve the Pt Reading of Ordinance No. 13-15 as presented. 154 Council Member Rafferty seconded the motion. Motion carried on a voice vote. 155 156 Item 3B had been removed from the agenda. 157 158 3C) Consider 1st Reading of Ordinance No. 14-15, Adding Chapter 215 to the City Code, 159 regarding Joint Powers Agreements — Administrator Karlson noted that joint powers agreements 160 are fairly common and beneficial in municipal government. The City recently experienced a 161 situation, however, where governance under the terms of a joint powers agreement caused concern of 162 unfairness for the city. This ordinance would allow the city to participate in joint powers agreements 163 only when governance is proportionate to the city's contribution. 164 165 Mayor Reinert opened the public hearing. 166 167 Melissa Maher, 6462 Fawn Lane, noted concern about statements that the ordinance would require a 168 4/5 vote for future actions. She doesn't believe that is possible under the language of the city's 169 Charter. (It was clarified that there is no 4/5 vote requirement indicated by the ordinance.) 170 171 Michael Manthey, 819 Lois Lane, said the ordinance seems too narrow and could affect more 172 complex matters. He requests that the council be thoughtful of the impact of the ordinance before 173 approving the 2nd reading. 174 4 COUNCIL MINUTES December 14, 2015 DRAFT 175 Dan Dobson, 299 Baldwin Circle, said he feels that the council is attempting to add language to the 176 code that would undermine future attempts to have a joint powers agreement for certain services and 177 it is not what the voters have called for. 178 179 Mayor Reinert explained that, in the case of the joint powers agreement for fire services, the city was 180 paying seventy percent of the bill but had only thirty percent of the governance. As a result some 181 issues arose and the city has now worked away from that agreement. There is a new fire department 182 in place that will ensure the future protection and services to the residents. 183 184 There being no one else wishing to speak, the public hearing was closed. 185 186 Council Member Kusterman remarked that the ordinance is appropriate in his view and makes it clear 187 that a partnership should have equal powers and that is in the best interest of the citizens. 188 189 Council Member Roeser moved to approve the 1St Reading of Ordinance No. 14-15 as presented. 190 Council Member Kusterman seconded the motion. Motion carried on a voice vote. 191 192 PUBLIC SAFETY DEPARTMENT REPORT 193 194 4A) Consider Converting Seized Property to City Property- Public Safety Director Swenson 195 reviewed his written staff report, noting that converting seized property is allowed by city ordinance. 196 197 Council Member Rafferty moved to approve the recommendation to convert certain seized property to 198 city property. Council Member Stoesz seconded the motion. Motion carried on a voice vote. 199 200 4B) Consider Authorizing a Lease with North Memorial Ambulance Service for Use of Lino 201 Lakes Fire Station #1 and #2 - Public Safety Director Swenson explained that the lease would 202 provide access to an ambulance and its crew to one of the city's fire stations at all times. The 203 ambulance service provider rotates the ambulance based on service needs. There is lease revenue to 204 be received by the city. The mayor noted that ambulance services at the new station was a goal so 205 having this lease in place is good. 206 207 Council Member Kusterman moved to authorize execution of the lease as recommended. Council 208 Member Roeser seconded the motion. Motion carried on a voice vote. 209 210 4C) Consider Authorizing the Public Safety Department to contract with North Memorial 211 Ambulance for Medical Director — Public Safety Director Swenson explained that the public safety 212 department is now a medical response provider and must establish a relationship with a medical 213 provider. This contract would formalize a relationship with North Memorial. There is no cost to the 214 city. 215 216 Council Member Kusterman moved to authorize the contract as recommended. Council Member 217 Roeser seconded the motion. Motion carried on a voice vote. 218 219 4D) Public Safety Department Update — Public Safety Director Swenson provided an update: 5 COUNCIL MINUTES December 14, 2015 DRAFT 220 - Fire Services in Lino Lakes — This morning at 7:00 a.m. the fire pagers for fire trained staff in 221 the city were authorized. The transition plan provides that staff will be responding to training 222 exercises this week, will be responding to locations next week, and the following will be 223 responding fully to emergencies. 224 - Training sessions are occuring at the new station, including SCBA and turn -out gear use; 225 - Personnel — there are 32 fully trained firefighters and seven additional individuals taking the 226 final exam in a week; there are additional individuals in the hiring process; 227 - Transition Plan — as noted, the transition plan to Lino Lakes Fire is underway to move to 228 providing full services; 229 - Staff is participating in a holiday drive in the next week. 230 231 PUBLIC SERVICES DEPARTMENT REPORT 232 233 There was no report from the Public Services Department. 234 235 COMMUNITY DEVELOPMENT DEPARTMENT REPORT 236 237 6A) Consider Resolution No. 15-150, Approving the Joint Powers Agreement with Anoka 238 County for the Roundabout Construction Project at the Intersection of County State Aid 239 Highway 12 (109th Av NE/Apollo Drive) and County Road 53 (Sunset Av) — City Engineer 240 Hankee explained some terms of the agreement, including the city's cost and how that will be funded 241 within the budget. The project is cooperative with Anoka County and also the City of Blaine. The 242 residents are receiving communications about the project, including more than one open house and 243 information on the construction schedule. 244 245 Council Member Kusterman moved to approve Resolution No. 15-150 as presented. Council 246 Member Roeser seconded the motion. Motion carried on a voice vote. 247 248 UNFINISHED BUSINESS 249 250 There was no Unfinished Business. 251 252 NEW BUSINESS 253 254 There was no New Business. 255 256 COMMUNITY EVENTS 257 258 MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, December 19 259 from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 260 261 TOYS FOR JOY/CHRISTMAS COMMITTEE DROP OFF locations are located at Lino Lakes City 262 Hall and Police Department. Collection of toys and food for the upcoming holiday will serve folks 263 right here in our community. For more information, please contact Lisa Hogstad-Osterhues at 651- 264 982-2424. 6 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 COUNCIL MINUTES DRAFT COMMUNITY CALENDAR December 14, 2015 Community Calendar - A Look Ahead December 15, 2015 through December 28, 2015 4- Wednesday, December 16 6:30 p.m. Council Chambers Environmental Board 4- Thursday, December 24 City Hall Closed Holiday 1- Friday, December 25 City Hall Closed Holiday -4- Monday, December 28 5:30 p.m., Community Room Council Work Session Monday, December 28 6:00 p.m., Council Chambers EDA Meeting k- Monday, December 28 6:30 p.m., Council Chambers City Council Meeting ADJOURN There being no further business, Council Member Rafferty moved to adjourn at 8:50 p.m. Council Member Stoesz seconded the motion. Motion carried unanimously. These minutes were considered and approved at the regular Council Meeting, December 28, 2015. Julianne Bartell, City Clerk Jeff Reinert, Mayor 7 CLOSED COUNCIL SESSION December 14, 2015 DRAFT t 2 CITY OF LINO LAKES 3 MINUTES 4 CLOSED COUNCIL SESSION 5 6 DATE : December 14, 2015 7 TIME STARTED : 8:30 p.m. 8 TIME ENDED : 9:25 p.m. 9 MEMBERS PRESENT : Council Members Rafferty, Roeser, 10 Stoesz, Kusterman and Mayor Reinert 11 MEMBERS ABSENT : none 12 13 Staff present: City Administrator Jeff Karlson. 14 15 Mayor Reinert called the meeting to order at 8:30 p.m. in the Council Work Room at 16 Lino Lakes City Hall. Before the meeting was closed, Mayor Reinert read a statement on 17 the purpose of the meeting. The meeting was closed as a session of the city council 18 pursuant to the Open Meeting Law for the purpose of discussing the city administrator 19 performance review. 20 21 The meeting was adjourned at 9:25 p.m. 22 23 These minutes were considered, corrected and approved at the regular Council meeting held on 24 December 28, 2015. 25 26 27 28 29 Julianne Bartell, City Clerk Jeff Reinert, Mayor 30 1 CITY COUNCIL AGENDA ITEM 2A STAFF ORIGINATOR: Sarah Cotton MEETING DATE: December 28, 2015 TOPIC: Consider Resolution No. 15-154, Authorizing the Issuance of 2016 Certificates of Indebtedness VOTE REQUIRED: 3/5 BACKGROUND Staff was directed to remove the 2016 Capital Equipment Replacement Schedule from the 2016 Budget which was adopted at the December 14, 2015 City Council meeting, until more information on the equipment requested to be replaced could be provided. The Public Safety and Public Works Capital Equipment Replacement Plans were further discussed at the December 28, 2015 City Council Work Session. The 2016 Capital Equipment Replacement Schedule calls for the issuance of Certificates of Indebtedness in the amount of $469,000 to be used for the purchase of capital equipment as part of our equipment replacement program. The interest rate on the certificates will be 1.00%. The Area and Unit Fund (406) has sufficient reserves to issue a loan to finance these purchases. A special levy will pay for this certificate in 2017, 2018 and 2019 and the levy proceeds will be credited to the Area and Unit Fund. The equipment to be funded with the 2016 Certificates of Indebtedness is listed on the attached schedule. RECOMMENDATION Staff recommends the approval of Resolution No. 15-154. ATTACHMENTS 2016 Capital Equipment Replacement Schedule Resolution No. 15-154, Authorizing the Issuance of 2016 Certificates of Indebtedness Department Police Fire Fleet City of Lino Lakes 2016 Capital Equipment Replacement Description (4) Squad Cars & Equipment (2) Emergency Sirens Total Police (2) Light Rescue/Brush Vehicle Single Axle Dump Truck w/ Plow F-250 Pickup 1/2 Ton Pickup Total Fleet Total Equipment Levy Capital Equipment Fund CFD Equipment Replacement Fund Certificates to be Issued Amount $144,000 42,000 186,000 450,000 220,000 35,000 28,000 283,000 $919,000 0 0 $450,000 $469,000 CITY OF LINO LAKES RESOLUTION NO. 15-154 RESOLUTION AUTHORIZING THE ISSUANCE OF 2016 CERTIFICATES OF INDEBTEDNESS WHEREAS, the 2016 Capital Equipment Replacement Schedule calls for the issuance of certificates amounting to $469,000, and WHEREAS, the Area and Unit Fund (406) has sufficient reserves to issue a loan, and WHEREAS, a special levy will pay for the certificates in 2017, 2018, and 2019. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes, that: 1. It is hereby found and determined that it is necessary and expedient for the City to issue a Certificate of Indebtedness for the purpose of financing the purchase of capital equipment, in accordance with the provisions of Minnesota Statutes, Section 412.301; and that the sale of said Certificates to the Capital Equipment Revolving Fund (402), on terms hereinafter set forth, is hereby ordered. 2. The City shall issue a Certificate of Indebtedness in the amount of $469,000.00 authorized by the City Council pursuant to the provisions of Minnesota Statutes, Section 412.301; for the purpose of financing the purchase of capital equipment. Said Certificate shall be dated on February 1, 2016 and shall be payable to the Area and Unit Fund of the City of Lino Lakes. 3. Said Certificate shall be as follows: CITY OF LINO LAKES ANOKA COUNTY, MINNESOTA 2016 CERTIFICATE OF INDEBTEDNESS Know All Men By These Presents that the City of Lino Lakes, Anoka County, Minnesota, hereby acknowledge the Capital Equipment Fund to be indebted and for values received promises to pay the Area and Unit Fund of the City of Lino Lakes, the sum of $469,000 plus interest at 1.0% per annum in three installments in 2017, 2018, and 2019 per attached schedule. This Certificate is issued for the purpose of purchasing capital equipment for the City and is authorized by a duly adopted resolution of the City Council of Lino Lakes, dated December 28, 2015 and is issued pursuant to and in full conformity with Minnesota Statutes, Section 412.301, and is to be effective as of February 1, 2016. It is hereby certified and recited, that all acts, conditions and things required by law to be done, to exist, to happen and to be performed, precedent to and in the issuance of this Certificate have been done, do exist, have happened and have been performed in regular and due form, time and manner; that a direct, annual, irrepealable ad valorem tax will be duly levied by said City in an amount sufficient to pay the principal and interest on this Certificate, together with all other existing indebtedness of the said City, does not exceed any constitutional or statutory limitation on indebtedness. Adopted by the Council of the City of Lino Lakes this 28th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk December 31, 2017 December 31, 2018 December 31, 2019 Total Interest Rate — 1.0% Levy 2016 Payable 2017 Levy 2017 Payable 2018 Levy 2018 Payable 2019 Total SCHEDULE OF PAYMENTS 2016 CERTIFICATES OF INDEBTEDNESS FEBRUARY 1, 2016 PRINCIPAL $ 155,000.00 156,000.00 158,000.00 $ 469,000.00 INTEREST $ 8,989.00 3,140.00 1,580.00 $ 13,709.00 TOTAL $163,989.00 159,140.00 159,580.00 $482,709.00 $172,189.00 (includes required 5% overlevy) 167,097.00 167,559.00 $506,845.00 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: December 28, 2015 TOPIC: Consider rd Reading and Adoption of Ordinance No. 13-15, CenturyLink Franchise Ordinance VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a second reading of Ordinance No. 13-15, approving a Cable Television Franchise with CenturyLink. The first reading was approved December 14, 2015. BACKGROUND On February 12, 2015, the North Metro Telecommunications Commission ("NMTC") received a cable franchise application covering each member city from CenturyLink. Comcast Cable currently has a non-exclusive franchise agreement with the City, which means the City Council may grant additional franchises to provide cable service in the City. A public hearing on the application was held on February 18, 2015. Following the public hearing, staff prepared a Staff Report ("Report"), which recommended that the NMTC receive and file the Report and direct staff to negotiate a cable franchise with CenturyLink. On April 15, 2015, the NMTC adopted the recommendation. The NMTC's outside attorney, Mike Bradley, Bradley Hagen & Gullikson, LLC, in consultation with NMTC Executive Director, Heidi Arnson, engaged in cable franchise negotiations with CenturyLink. The attached cable franchise is the product of those negotiations. In reviewing the CenturyLink cable franchise, there are two primary issues to consider. The first is whether federal law preempts Minnesota's 5 -Year Build Statute. Minnesota Statues Section 238.084, subdivision 1(m) requires all initial franchises to have a provision that requires a cable operator build out its cable system at a rate of 50 plant miles per year and its cable system be substantially complete within 5 years. As the Report indicated, CenturyLink claims that this 5 - Year Build Statute is an unlawful barrier to entry and is preempted by federal law and an FCC decision referred to as the 621 Order. The Report also indicated that there is no case law in Minnesota directly addressing preemption of the 5 -Year Build Statute. The Report concluded that CenturyLink has a good faith basis on its preemption claim and is willing to indemnify the City related to any litigation surrounding the grant of a franchise to CenturyLink. CenturyLink refused to incorporate the language of the 5 -Year Build Statute in the proposed franchise, based on its preemption argument. As described below, the proposed CenturyLink franchise ordinance has provisions for a reasonable build -out of the city. The proposed franchise ordinance also has provision for defense and indemnification of the City and the NMTC regarding this issue. The second issue is whether the CenturyLink Franchise contains a reasonable build -out schedule. The franchise ordinance recognizes that CenturyLink has already constructed a legacy communications system throughout the City, which is capable of providing telephone and internet service. The build -out provisions in the franchise are related to upgrades of the legacy system to make it capable of providing cable service to all city residents. The Initial Minimum Build -Out Commitment is 15% over two years. The City may consider whether this requirement is reasonable. CenturyLink claimed in its application that it initially would be providing service to a greater portion of the City. During negotiations however, CenturyLink was concerned about having too high a commitment in the franchise ordinance and that cities in Minnesota and elsewhere would use a greater commitment as a new standard. CenturyLink refused to increase the initial minimum build -out commitment above 15%. However, the provisions related to quarterly meetings and additional build -out based on market success are designed to quicken and increase CenturyLink's initial build -out commitment. The franchise also has provisions requiring that residents of the City be included in an equitable initial build commitment and that a significant number of households below the medium income of the city also be included in the initial build -out. CenturyLink must also use its best efforts to complete its initial build faster than two years. Another issue related to the reasonable build -out is whether the penetration rate triggering additional build -out is reasonable. CenturyLink claims that it needs a penetration rate of 27.5% in order to commit to an additional mandatory build in the city. This penetration number is based on internal CenturyLink return on investment models. Given Comcast's penetration rate in the City is around 40-50%, a penetration rate of 27.5% may be difficult to obtain and, therefore, it is possible that CenturyLink may not be required to build -out more than its initial commitment. Economic redlining or "cherry picking" was identified as a concern through the public hearing process. As the Report noted, cherry picking is prohibited by the Federal Cable Act. See 47 U.S.C. § 541(a)(3). The proposed CenturyLink franchise prohibits cherry picking, identical to the Comcast franchise. To ensure compliance, CenturyLink has an additional $500 per day penalty/liquidated damage for violating the build -out and economic redlining provisions of the Franchise. The Report also described the State's level playing field statute, which requires competitive cable franchises not to be more favorable or less burdensome than an incumbent's franchise as it relates to franchise fees, support of public, educational, and governmental access television and the area served. CenturyLink is required to pay a franchise fee of 5% of its Gross Revenues (Identical to Comcast Franchise). The Franchise Area is the entire city (Identical to Comcast Franchise). The Public, Educational, and Governmental ("PEG") Access Requirements of the CenturyLink franchise meet, and in places exceed, Comcast's franchise commitments. The CenturyLink PEG commitments are summarized as follows: • Number of Access Channels. CenturyLink will provide 12 Access Channels (greater overall number of Access Channels as Comcast). • Format of Access Channels. CenturyLink will provide all 12 Access Channels in HD if the City sends them in HD format (Comcast will provide up to 2 Access Channels in HD over time). • Electronic Programming Guide. CenturyLink will have similar requirement as Comcast. • Channel Placement. CenturyLink will make all Access Channels accessible at Channel 16 through the "North Metro Mosaic." • Public Service Announcements. CenturyLink will allow the NMTC to air PSAs on non - Access channels during periods of unsold/unused air time (Exceeds Comcast's commitment). • Video On -Demand. CenturyLink will provide 25 hours of VOD per member city (Exceeds Comcast's PEG commitment). • PEG Support. CenturyLink will pay a PEG Fee in support of the Access Channels of $3.16 adjusted by CPI starting in 2016. (Amount of funding identical to Comcast). Overall, the CenturyLink cable franchise is substantially similar to the Comcast cable franchise in most respects. The following highlights the differences between the two cable franchises: • Term. CenturyLink's Franchise term is 5 years. Comcast's term is 15+ years. • Indemnification of the City. CenturyLink has an additional indemnification commitment that Comcast does not have. • Access Channel Commitments. CenturyLink may provide more channels in HD than Comcast. CenturyLink is providing 175 hours of VOD programming than Comcast, while Comcast is not providing any. PEG support may be used for capital and operational support under the CenturyLink franchise. • Twin Cities Metro PEG Interconnect Network. CenturyLink will provide a network to allow cities throughout the metro area to share live programming with one another. We believe this will be the only such network in the country. • Penalties/Liquidated Damages. CenturyLink franchise has additional damages for violating the Build -Out and Economic Redlining provisions of the franchise that is not in the Comcast franchise. • Build -Out. CenturyLink Franchise has a reasonable build -out commitment based on market success. Comcast does not have a build -out provision, as it built -out the City many years ago. • Line Extension. The CenturyLink franchise does not have an immediate line extension requirement. The City will determine a line extension obligation similar to Comcast's line extension if CenturyLink obtains a 50% penetration level in the City. Comcast has a line extension requirement. RECOMMENDATION Staff recommends the adoption of Ordinance No. 13-15 with the following actions: (1) dispense with the full reading of the ordinance; (2) a roll call vote for adoption of the ordinance; and (3) approval of Resolution No. 15-151 for summary publication. ATTACHMENTS Cable Television Franchise Ordinance No. 13-15 Findings of Fact Resolution No. 151-15 ORDINANCE NO. 13-15 CITY OF LINO LAKES, MINNESOTA CABLE TELEVISION FRANCHISE ORDINANCE Date: , 2015 Prepared by: Michael R. Bradley Bradley Hagen & Gullikson, LLC 1976 Wooddale Drive, Suite 3A Woodbury, MN 55125 Telephone: (651) 379-0900 E -Mail: mike@bradleylawmn.com TABLE OF CONTENTS STATEMENT OF INTENT AND PURPOSE 1 SECTION 1. SHORT TITLE AND DEFINITIONS 1 1.1 Short Title. 1 1.2 Definitions 1 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 6 2.1 Grant of Franchise 6 2.2 Grant of Nonexclusive Authority 8 2.3 Lease or Assignment Prohibited. 8 2.4 Franchise Term. 9 2.5 Compliance with Applicable Laws, Resolutions and Ordinances. 9 2.6 Rules of Grantee. 10 2.7 Territorial Area Involved. 10 2.8 Written Notice 12 2.9 Effective Date. 13 SECTION 3. CONSTRUCTION STANDARDS 13 3.1 Registration, Permits and Construction Codes. 13 3.2 Restoration of Rights -of -Way and Property. 13 3.3 Conditions on Right -of -Way Use. 14 3.4 Use of Existing Poles and Undergrounding of Cable. 15 3.5 Installation of Facilities 16 3.6 Safety Requirements. 16 3.7 Removal of Facilities at Expiration of Franchise. 17 SECTION 4. DESIGN PROVISIONS 17 4.1 System Facilities and Equipment. 17 4.2 Periodic Progress Reporting. 20 4.3 System Maintenance. 21 4.4 System Tests and Inspections; Special Testing. 21 4.5 Drop Testing and Replacement 22 4.6 FCC Reports 22 4.7 Lockout Capability 22 4.8 Types of Service. 22 4.9 Uses of System 23 4.10 Additional Capacity. 23 SECTION 5. SERVICE PROVISIONS 23 5.1 Customer Service Standards. 23 5.2 Video Programming. 23 5.3 Regulation of Service Rates. 23 5.4 Sales Procedures. 24 5.5 Subscriber Inquiry and Complaint Procedures. 24 5.6 Subscriber Contracts. 25 5.7 Service Credit 25 5.8 Refunds or Credits. 25 5.9 Late Fees. 26 5.10 Notice to Subscribers. 26 5.11 Exclusive Contracts and Anticompetitive Acts Prohibited 27 5.12 Office Availability and Payment Centers. 27 SECTION 6. ACCESS CHANNEL(S) PROVISIONS 27 6.1 Public, Educational and Government Access. 27 6.2 PEG Support Obligations 31 6.3 Regional Channel 6 32 6.4 Leased Access Channels. 32 6.5 PEG Obligations. 32 6.6 Costs and Payments not Franchise Fees. 32 SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS AND RELATED COMMITMENTS 32 7.1 Twin Cities Metro PEG Interconnect Network. 32 7.2 Cable Service to Public Buildings. 33 SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 33 8.1 Administration of Franchise. 33 8.2 Delegated Authority. 33 8.3 Franchise Fee. 34 8.4 Access to Records. 35 8.5 Reports and Maps to be Filed with City. 35 8.6 Periodic Evaluation. 36 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 36 9.1 Performance Bond. 36 9.2 Letter of Credit 37 9.3 Indemnification of City. 40 9.4 Insurance. 40 SECTION 10. SALE, ABANDONMENT, TRANSFER AND 41 REVOCATION OF FRANCHISE 41 10.1 City's Right to Revoke 41 10.2 Procedures for Revocation. 42 10.3 Continuity of Service. 42 10.4 Removal After Abandonment, Termination or Forfeiture. 42 10.5 Sale or Transfer of Franchise 43 SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 45 11.1 Discriminatory Practices Prohibited. 45 11.2. Subscriber Privacy. 45 SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 46 12.1 Unauthorized Connections or Modifications Prohibited. 46 12.2 Removal or Destruction Prohibited. 46 12.3 Penalty 46 SECTION 13. MISCELLANEOUS PROVISIONS 46 13.1 Franchise Renewal. 46 13.2 Work Performed by Others. 46 13.3 Amendment of Franchise Ordinance. 47 13.4 Compliance with Federal, State and Local Laws 47 13.5 Nonenforcement by City. 48 ii 13.6 Rights Cumulative. 48 13.7 Grantee Acknowledgment of Validity of Franchise. 48 13.8 Force Majeure. 48 13.9 Governing Law. 49 13.10 Captions and References. 49 13.11 Rights of Third Parties. 49 13.12 Merger of Documents. 49 SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 49 14.1 Publication. 49 14.2 Acceptance. 49 14.3 Binding Acceptance. 50 EXHIBIT A INDEMNITY AGREEMENT Ex A 1 iii ORDINANCE NO. 13-15 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF LINO LAKES, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Lino Lakes, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE Qwest Broadband Services, Inc., d/b/a CenturyLink ("Grantee"), applied for a cable franchise to serve the City. The City will adopt separate findings related to the application and the decision to grant a cable franchise to Grantee, which shall be incorporated herewith by reference. The City intends, by the adoption of this Franchise, to bring about competition in the delivery of cable services in the City. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. SECTION 1. SHORT TITLE AND DEFINITIONS 1.1 Short Title. This Franchise Ordinance shall be known and cited as the "CenturyLink Cable Franchise Ordinance." 1.2 Definitions. For purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 1.2.1 "Actual Cost" means the incremental cost to the Grantee of materials, capitalized labor and borrowing necessary to install and construct fiber-optic lines, coaxial cable and/or equipment. 1.2.2 "Affiliate" means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with the Grantee. 1.2.3 "Basic Cable Service" means the lowest priced tier of Cable Service that includes the lawful retransmission of local television broadcast signals and any public, educational and governmental access programming required by this Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). 1.2.4 "Cable Service" or "Service" means (1) the one-way transmission to Subscribers of (a) video programming or (b) other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. Cable Service shall also include any video programming service for which a franchise from a local government is permitted under state law. 1.2.5 "Cable System" or "System" means the facility of the Grantee consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service, which includes video programming and which is provided to multiple Subscribers within the City, but such term does not include: (1) a facility that only serves to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any Rights -of -Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility shall be considered a System (other than for purposes of 47 U.S.C. § 541(c)) if such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand services; (4) an open video system that complies with 47 U.S.C. § 573; (5) any facilities of any electric utility used solely for operating its electric utility system; or (6) a translator system which receives and rebroadcasts over -the -air signals. A reference to the System in this Franchise refers to any part of such System including, without limitation, Set Top Boxes. The foregoing definition of "System" shall not be deemed to circumscribe or limit the valid authority of the City to regulate or franchise the activities of any other communications system or provider of communications service to the full extent permitted by law. "Cable System" or "System" as defined herein shall not be inconsistent with the definitions set forth in applicable law. Any reference to "Cable System" or "System" herein, which system is owned or operated by a Person or governmental body other than the Grantee, shall be defined the same as this Section 1.2.5. This definition shall include any facility that is a "cable system" under federal law or a "cable communications system" under state law. 1.2.6 "City" means the City of Lino Lakes, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. 2 1.2.7 "City Code" means the Lino Lakes City Code, as amended from time to time. 1.2.8 "Commission" means the North Metro Telecommunications Commission, a municipal joint powers consortium comprised of the municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota. In the event the City lawfully withdraws from the Commission, any reference to the Commission in this Franchise shall thereafter be deemed a reference to the City, and the rights and obligations related thereto shall, where possible, accrue pro rata to the City, pursuant to a transition agreement to be negotiated at such time by and between the City, the Commission and the Grantee. The total burden of Grantee's obligations under this Franchise and the Grantee's Franchise with the other member cities of the Commission shall not be increased as a result of any such withdrawal. 1.2.9 "CPI" means the annual average of the Consumer Price Index for all Urban Consumers (CPI -U) for the Minneapolis -St. Paul CMSA, as published by the Bureau of Labor Statistics. 1.2.10 "Drop"" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 1.2.11 "Educational Access Channel" or "Educational Channel" means any channel on the System set aside by the Grantee for Noncommercial educational use by educational institutions, as contemplated by applicable law. 1.2.12 "FCC" means the Federal Communications Commission, its designee, and any legally appointed, designated or elected agent or successor. 1.2.13 "Franchise" or "Cable Franchise" means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof, and the regulatory and contractual relationship established hereby. 1.2.14 "Governmental Access Channel" or "Governmental Channel" means any channel on the System set aside by the Grantee for Noncommercial use by the City or its delegatee. 1.2.15 "Grantee" is Qwest Broadband Services, Inc., d/b/a CenturyLink, and its lawful successors, transferees or assignees. 1.2.16 "Gross Revenues" means any and all revenues arising from or attributable to, or in any way derived directly or indirectly by the Grantee or its Affiliates, subsidiaries, or parent, or by any other entity that is a cable operator of the System, from the operation of the Grantee's System to provide Cable Services (including cash, credits, property or other consideration of any kind or nature). Gross Revenues include, by way of illustration and not limitation, monthly fees charged to Subscribers for any basic, optional, premium, per -channel, or per - 3 program service, or other Cable Service including, without limitation, Installation, disconnection, reconnection, and change -in-service fees; Lockout Device fees; Leased Access Channel fees; late fees and administrative fees; fees, payments or other consideration received from programmers for carriage of programming on the System and accounted for as revenue under GAAP; revenues from rentals or sales of Set Top Boxes or other equipment; fees related to commercial and institutional usage of the System; advertising revenues; interest; barter; revenues from program guides; franchise fees; and revenues to the System from home shopping, bank -at-home channels and other revenue sharing arrangements. Gross Revenues shall include revenues received by an entity other than the Grantee, an Affiliate or another entity that operates the System where necessary to prevent evasion or avoidance of the Grantee's obligation under this Franchise to pay the franchise fee. Gross Revenues shall not include: (i) to the extent consistent with generally accepted accounting principles, actual bad debt write-offs, provided, however, that all or part of any such actual bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; (ii) any taxes on services furnished by the Grantee imposed by any municipality, state or other governmental unit, provided that franchise fees shall not be regarded as such a tax; (iii) FCC regulatory fees; (iv) Subscriber credits, adjustments or refunds; (v) PEG Fees; or (vi) refundable Subscriber deposits. 1.2.17 "Household" means a distinct address in the Qwest Corporation ("QC") network database, whether a residence or small business, subscribing to or being offered cable service. Grantee represents and warrants that it has access to the QC network database and shall demonstrate to the City's reasonable satisfaction how the data required in Section 2 are calculated and reported using the QC network database. 1.2.18 "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Set Top Boxes or other terminal equipment. 1.2.19 "Leased Access Channel" means channels on the System which are designated or dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C. § 532. 1.2.20 "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal, which inhibits the viewing of a certain program, certain channel or certain channels provided by way of the Cable System. 1.2.21 "Node" means the transition point between optical light transmission (fiber-optic cable) and the transmission of video and data signals being delivered to and received from the Subscriber's home. 1.2.22 "Noncommercial" means, in the context of PEG channels, that particular products and services are not promoted or sold. This term shall not be interpreted to prohibit a PEG channel operator or programmer from soliciting and receiving 4 voluntary financial support to produce and transmit video programming on a PEG channel, or from acknowledging a contribution. 1.2.23 "Normal Operating Conditions" means those service conditions that are within the control of the Grantee. Conditions that are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System . Conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. 1.2.24 "North Metro Franchise Area" means the geographic area consisting of the Minnesota cities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park. 1.2.25 "North Metro System" means the Cable System operated pursuant to this Franchise and located in the member municipalities of the Commission. 1.2.26 "PEG" means public, educational, religious and governmental. 1.2.27 "Person" means any individual, partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non -stock corporation, limited liability company, professional limited liability corporation, or other organization of any kind, or any lawful successor or transferee thereof, but such term does not include the City or the Commission. 1.2.28 "Public Access Channel(s)" means any channels on the System set aside by the Grantee for Noncommercial use by the general public, as contemplated by applicable law. 1.2.29 "Right -of -Way" or "Rights -of -Way" means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated for general public use by the City, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a System. No reference herein to a "Right -of -Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System. 1.2.30 "Right -of -Way Ordinance" means any ordinance of the City codifying requirements regarding regulation, management and use of Rights -of -Way in the City, including registration, fees, and permitting requirements. 5 1.2.31 "Set Top Box" means an electronic device (sometimes referred to as a receiver) which may serve as an interface between a System and a Subscriber's television monitor, and which may convert signals to a frequency acceptable to a television monitor of a Subscriber and may, by an appropriate selector, permit a Subscriber to view all signals of a particular service. 1.2.32 "State" means the State of Minnesota, its agencies and departments. 1.2.33 "Subscriber" means any Person that lawfully receives service via the System with the Grantee's express permission. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. 1.2.34 "System Upgrade" means the improvement or enhancement in the technology or service capabilities made by the Grantee to the System as more fully described in Section 4. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 2.1 Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein and in applicable law. The Grantee, the City and the Commission shall comply with all provisions of this Franchise and applicable law, regulations and codes. Failure of the Grantee to construct, operate and maintain a System as described in this Franchise, or to meet obligations and comply with all provisions herein, may be deemed a violation of this Franchise. 2.1.1 Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable City ordinance existing as of the Effective Date. 2.1.2 Each and every term, provision or condition herein is subject to the provisions of state law, federal law, and local ordinances and regulations. The Municipal Code of the City, as the same may be amended from time to time, is hereby expressly incorporated into this Franchise as if fully set out herein by this reference. Notwithstanding the foregoing, the City may not unilaterally alter the material rights and obligations of Grantee under this Franchise. 2.1.3 This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights -of -Way, should Grantee provide service other than cable service. 2.1.4 The parties acknowledge that Grantee intends that Qwest Corporation ("QC"), an affiliate of Grantee, will be primarily responsible for the construction and installation of the facilities in the Rights -of -Way, constituting the cable communications system, which 6 will be utilized by Grantee to provide cable service. Grantee promises, as a condition of exercising the privileges granted by this Franchise, that any affiliate of the Grantee, including QC, directly or indirectly involved in the construction, management, or operation of the cable communications system will comply with all applicable federal, state and local laws, rules and regulations regarding the use of the City's rights of way. The City agrees that to the extent QC violates any applicable laws, rules and regulations, the City shall first seek compliance directly from QC. In the event, the City cannot resolve these violations or disputes with QC, or any other affiliate of Grantee, then the City may look to Grantee to ensure such compliance. Failure by Grantee to ensure QC's or any other affiliate's compliance with applicable laws, rules and regulations shall be deemed a material breach of this Franchise by Grantee. To the extent Grantee constructs and installs facilities in the rights-of-way, such installation will be subject to the terms and conditions contained herein. 2.1.5 No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: (1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any permit, agreement, or authorization required by the City for Right -of - Way users in connection with operations on or in Rights -of -Way or public property including, by way of example and not limitation, street cut permits; or (3) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits or in or on other structures. 2.1.6 This Franchise is intended to convey limited rights and interests only as to those Rights -of -Way in which the City has an actual interest. It is not a warranty of title or interest in any Right -of -Way; it does not provide the Grantee with any interest in any particular location within the Right -of -Way; and it does not confer rights other than as expressly provided in the grant hereof. 2.1.7 This Franchise does not authorize Grantee to provide telecommunications service, or to construct, operate or maintain telecommunications facilities. This Franchise is not a bar to imposition of any lawful conditions on Grantee with respect to telecommunications, whether similar, different or the same as the conditions specified herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City an authorization to provide telecommunications services, or to construct, operate or maintain telecommunications facilities, or relieve Grantee of its obligation to comply with any such authorizations that may be lawfully required. 7 2.2 Grant of Nonexclusive Authority. 2.2.1 Subject to the terms of this Franchise, the City hereby grants the Grantee the right to own, construct, operate and maintain a System in, along, among, upon, across, above, over, or under the Rights -of -Way. The grant of authority set forth in this Franchise applies only to the Grantee's provision of Cable Service; provided, however, that nothing herein shall limit the Grantee's ability to use the System for other purposes not inconsistent with applicable law or with the provision of Cable Service; and provided further, that any local, State and federal authorizations necessary for the Grantee's use of the System for other purposes are obtained by the Grantee. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights -of -Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to do so. 2.2.2 Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be used by the Grantee if the City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right -of -Way was created or dedicated, or with the present use of the Right -of -Way. 2.2.3 This Franchise and the right it grants to use and occupy the Rights -of -Way shall not be exclusive and this Franchise does not, explicitly or implicitly, preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. Provided, however, that the City shall not authorize or permit itself or another Person or governmental body to construct, operate or maintain a Cable System on material terms and conditions which are, taken as a whole, more favorable or less burdensome than those applied to the Grantee. 2.2.4 This Franchise authorizes only the use of Rights -of -Way for the provision of Cable Service. Therefore, the grant of this Franchise and the payment of franchise fees hereunder shall not exempt the Grantee from the obligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights -of -Way; provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are nondiscriminatory. 2.3 Lease or Assignment Prohibited. No Person or governmental body may lease Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid Franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay franchise fees on such Person's or governmental body's use of the System to provide Cable Services, to the extent there would be such a 8 requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10.5. 2.4 Franchise Term. This Franchise shall be in effect for a period of five (5) years, such term commencing on the Effective Date specified in Section 2.10, unless sooner renewed, extended, revoked or terminated as herein provided. 2.5 Compliance with Applicable Laws, Resolutions and Ordinances. 2.5.1 The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all times during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights -of -Way, to the extent not inconsistent with this Franchise. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of the Grantee as provided in Section 13.3 herein. 2.5.2 The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights -of -Way within the City which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8.5.3 herein; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way that exceed burdens on similarly situated Right -of -Way users. 2.5.3 In the event of any conflict between Section 3 and/or Section 8.5.3 of this Franchise and any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way, the conflicting terms in Section 3 and/or Section 8.5.3 of this Franchise shall be superseded by such City ordinance or regulation; except that the Grantee shall not, through application of such City ordinance or regulation of Rights - of -Way, be subject to additional burdens with respect to usage of Public Rights -of - Way that exceed burdens on similarly situated Right -of -Way users. 9 2.5.4 In the event any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8.5.3 of this Franchise, the Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted; except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way that exceed burdens on similarly situated Rights -of -Way users. 2.5.5 In the event the Grantee cannot determine how to comply with any Right -of -Way requirement of the City, whether pursuant to this Franchise or other requirement, the Grantee shall immediately provide written notice of such question, including the Grantee's proposed interpretation, to the City. The City shall provide a written response within ten (10) business days of receipt indicating how the requirements cited by the Grantee apply. The Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within thirteen (13) business days of mailing or delivering such written question. 2.6 Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and applicable law, and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any other body having lawful jurisdiction. 2.7 Territorial Area Involved. This Franchise is granted for the corporate boundaries of the City, as they exist from time to time. 2.7.1 Reasonable Build -Out of the Entire City. The Parties recognize that Grantee, or its affiliate, has constructed a legacy communications system throughout the City that is capable of providing voice grade service. The Parties further recognize that Grantee or its affiliate must expend a significant amount of capital to upgrade its existing legacy communications system and to construct new facilities to make it capable of providing cable service. Further, there is no promise of revenues from cable service to offset these capital costs. The Parties agree that the following is a reasonable build -out schedule taking into consideration Grantee's market success and the requirements of Minnesota state law. (i) Complete Equitable Build -Out. Grantee aspires to provide cable service to all households within the City by the end of the initial term of this Franchise. In 10 addition, Grantee commits that a significant portion of its investment will be targeted to areas below the median income in the City. (ii) Initial Minimum Build -Out Commitment. Grantee agrees to be capable of serving a minimum of fifteen percent (15%) of the City's households with cable service during the first two (2) years of the initial Franchise term, provided, however that Grantee will make its best efforts to complete such deployment within a shorter period of time. This initial minimum build -out commitment shall include deployment equitably throughout the City and to a significant number of households below the medium income in the City. Nothing in this Franchise shall restrict Grantee from serving additional households in the City with cable service; (iii) Quarterly Meetings. Commencing January 1, 2016, and continuing throughout the term of this Franchise, Grantee shall meet quarterly with the Executive Director of the Commission. At each quarterly meeting, Grantee shall present information acceptable to the City/Commission (to the reasonable satisfaction of the City/Commission) showing the number of Households Grantee is presently capable of serving with cable service and the number of Households that Grantee is actually serving with cable service. Grantee shall also present information acceptable to the City/Commission (to the reasonable satisfaction of the City/Commission) that Grantee is equitably serving all portions of the City in compliance with this subsection 2.7.1. In order to permit the City/Commission to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall promptly, upon reasonable demand, show to the City/Commission (to the City/Commission's reasonable satisfaction) maps and provide other documentation showing exactly where within the City the Grantee is currently providing cable service; (iv) Additional Build -Out Based on Market Success. If, at any quarterly meeting, Grantee is actually serving twenty seven and one-half percent (27.5%) of the Households capable of receiving cable service, then Grantee agrees the minimum build -out commitment shall increase to include all of the Households then capable of receiving cable service plus an additional fifteen (15%) of the total households in the City, which Grantee agrees to serve within two (2) years from the quarterly meeting; provided, however, the Grantee shall make its best efforts to complete such deployment within a shorter period of time. For example, if, at a quarterly meeting with the Commission's Executive Director, Grantee shows that it is capable of serving sixty percent of the households in the City with cable service and is actually serving thirty percent of those Households with cable service, then Grantee will agree to serve an additional fifteen percent of the total households in the City no later than 2 years after that quarterly meeting (a total of 75% of the total households). This additional build -out based on market success shall continue until every household in the City is served; (v) Line Extension. Grantee shall not have a line extension obligation until the first date by which Grantee is providing Cable Service to more than fifty percent 11 (50%) of all subscribers receiving facilities based cable service from both the Grantee and any other provider(s) of cable service within the City. At that time, the City/Commission, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe to complete deployment to the remaining households in the City, including a density requirement that is the same or similar to the requirement of the incumbent franchised cable operator. 2.8 Written Notice. All notices, reports or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City's designated Franchise administrator, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Attention: City Manager/Administrator With copies to: Executive Director North Metro Telecommunications Commission 12520 Polk Street N.E. Blaine, MN 55434 And to: Michael R. Bradley Bradley Hagen & Gullikson, LLC 1976 Wooddale Drive, Suite 3A Woodbury, MN 55125 If to Grantee: Qwest Broadband Services, Inc. d/b/a CenturyLink 1801 California St., 10th Flr. Denver, CO 80202 Attn: Public Policy With copies to: Qwest Broadband Services Inc., d/b/a CenturyLink 200 S. 5th Street, 21' Flr. Minneapolis, MN 55402 Attn: Public Policy Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 12 2.9 Effective Date. This Franchise shall become effective after: (i) all conditions precedent to its effectiveness as an ordinance of the City have occurred; (ii) all conditions precedent to its execution are satisfied; (iii) it has been approved by the City Council in accordance with applicable law; and (iv) it has been accepted and signed by the Grantee and the City in accordance with Section 14 (the "Effective Date"). SECTION 3. CONSTRUCTION STANDARDS 3.1 Registration, Permits and Construction Codes. 3.1.1 The Grantee shall strictly adhere to all State and local laws, regulations and policies adopted by the City Council applicable to the location, construction, installation, operation or maintenance of the System in the City. The City and/or its delegatee has the right to supervise all construction or installation work performed in the Rights -of -Way as it shall find necessary to ensure compliance with the terms of this Franchise and other applicable provisions of law and regulations. 3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 3.2 Restoration of Rights-of-Wav and Property. Any Rights -of -Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire alarm, police communication or traffic control facility of the City, or any other public or private property, which is disturbed, damaged or destroyed during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, to the same condition as that prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and rules. It is agreed that in the normal course, with respect to fire and police department facilities and equipment, and water and sewer facilities, and other essential utilities and services, as determined by the City, such restoration, reconstruction, replacement or repairs shall be commenced immediately after the damage, disturbance or destruction is incurred, and the Grantee shall take diligent steps to complete the same, unless an extension of time is obtained from the appropriate City agency or department. In all other cases, reconstruction, replacement, restoration or repairs shall be commenced within no more than three (3) days after the damage, disturbance or destruction is incurred, and shall be completed as soon as reasonably possible thereafter. If the Grantee shall fail to perform the repairs, replacement, reconstruction or restoration required herein, the City shall have the right to put the Rights -of -Way, public or private property back into good condition. In the event City determines that the Grantee is responsible for such disturbance or 13 damage, the Grantee shall be obligated to fully reimburse the City for required repairs, reconstruction and restoration. 3.3 Conditions on Right -of -Way Use. 3.3.1 Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right -of -Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating or repairing any sidewalk or other public work. 3.3.2 All System transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the use of Rights -of -Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights -of - Way and not to interfere with existing public utility installations. 3.3.3 The Grantee shall, at its sole expense, by a reasonable time specified by the City, protect, support, temporarily disconnect, relocate or remove any of its property when required by the City by reason of traffic conditions; public safety; Rights - of -Way construction; street maintenance or repair (including resurfacing or widening); change in Right -of -Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned communications or traffic control system, public work or improvement of government-owned utility; Right -of -Way vacation; or for any other purpose where the convenience of the City would be served thereby. If the Grantee fails, neglects or refuses to comply with the City's request, the City may protect, support, temporarily disconnect, relocate or remove the appropriate portions of the System at the Grantee's expense for any of the City's incremental costs incurred as a result of the Grantee's failure to comply. Except for the City's gross negligence, the City shall not be liable to the Grantee for damages resulting from the City's protection, support, disconnection, relocation or removal, as contemplated in the preceding sentence. 3.3.4 The Grantee shall not place poles, conduits or other fixtures of the System above or below ground where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits or other fixtures placed in any Right -of -Way shall be so placed as to comply with all lawful requirements of the City. 3.3.5 The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same. The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. 14 3.3.6 To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System trees or other vegetation in and along or overhanging the Rights -of - Way. However, in the exercise of this right, the Grantee agrees not to cut or otherwise injure said trees to any greater extent than is reasonably necessary. All trimming shall be performed at no cost to the City, the Commission or a homeowner. 3.3.7 The Grantee shall use its best efforts to give prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights -of -Way. 3.3.8 If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights -of -Way, the Grantee shall, after thirty (30) days' advance written notice and payment of all costs by such Person, commence action to effect the necessary changes requested by the responsible entity. If multiple responsible parties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights -of -Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. 3.3.9 In the event the System is contributing to an imminent danger to health, safety or property, as reasonably determined by the City, after providing actual notice to the Grantee, if it is reasonably feasible to do so, the City may remove or relocate any or all parts of the System at no expense to the City or the Commission other than the City's cost to act on such determination. 3.4 Use of Existing Poles and Undergrounding of Cable. 3.4.1 Where existing poles, underground conduits, ducts or wire holding structures are available for use by the Grantee, but it does not make arrangements for such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wire holding structures if the City determines that the public convenience would be enhanced thereby and the terms available to the Grantee for the use of such poles and structures are just and reasonable. 3.4.2 The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City policies, procedures, rules and regulations, as amended from time to time, where all utility facilities are placed underground. The Grantee shall not place facilities, equipment or fixtures where they will interfere with any existing gas, electric, telephone, water, sewer or other utility facilities or with any existing installations 15 of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles exist and electric or telephone lines or both are now overhead. However, in no case may the Grantee install poles in areas of the City where underground facilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, similarly move its cables and lines. If the City reimburses or otherwise compensates any Person using the Rights -of -Way for the purpose of defraying the cost of any of the foregoing, the City shall also reimburse the Grantee in the same manner in which other Persons affected by the requirement are reimbursed. If the funds are controlled by another governmental entity, the City shall not oppose or otherwise hinder any application for or receipt of such funds on behalf of the Grantee. 3.5 Installation of Facilities. 3.5.1 No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures or other wire -holding structures shall be erected or installed by the Grantee without obtaining any required permit or other authorization from the City. 3.5.2 No placement of any pole or wire holding structure of the Grantee is to be considered a vested fee interest in the Rights -of -Way or in City property. Whenever feasible, all transmission and distribution structures, lines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the City are to be so located and installed as to cause minimum interference with the rights and convenience of property owners. 3.6 Safety Requirements. 3.6.1 All applicable safety practices required by law shall be used during construction, maintenance and repair of the System. The Grantee agrees, at all times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All structures and all lines, equipment and connections in the Rights -of -Way shall at all times be kept and maintained in a safe condition, consistent with applicable safety codes. 3.6.2 The Grantee's construction, operation or maintenance of the System shall be conducted in such a manner as not to interfere with City communications technologies related to the health, safety and welfare of City residents. 16 3.6.3 The Grantee shall install and maintain such devices as will apprise or warn Persons and governmental entities using the Rights -of -Way of the existence of work being performed on the System in Rights -of -Way. 3.6.4 The Grantee shall be a member of the One Call Notification System (otherwise known as "Gopher State One Call") or its successor, and shall field mark the locations of its underground facilities upon request. Throughout the term of this Franchise, the Grantee shall identify the location of its facilities for the City or the Commission at no charge to the City or the Commission. 3.7 Removal of Facilities at Expiration of Franchise. At the expiration of the term for which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall have the right to require the Grantee, at the Grantee's sole expense: (i) to remove all portions of the System from all Rights -of -Way within the City; and (ii) to restore affected sites to their original condition, unless Grantee, or its affiliate, has a separate authorization from the City to occupy the City's Rights -of -Way. Should the Grantee fail, refuse or neglect to comply with the City's directive, all portions of the System, or any part thereof, may at the option of the City become the sole property of the City, at no expense to the City, or be removed, altered or relocated by the City at the cost of the Grantee. The City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. SECTION 4. DESIGN PROVISIONS 4.1 System Facilities and Equipment. 4.1.1 Grantee shall develop, construct and operate a state-of-the-art cable communications system, constructed in accordance with Section 2.7.1, which shall have at least the following characteristics: 4.1.1.1 A modern design when built, utilizing an architecture that will permit additional improvements necessary for high-quality and reliable service throughout the Franchise term, and the capability to operate continuously on a twenty-four (24) hour a day basis without severe material degradation during operating conditions typical to the Minneapolis/St. Paul metropolitan area; 4.1.1.2 Standby power generating capacity at the headend. The Grantee shall maintain standby power generators capable of powering all headend equipment for at least twenty-four (24) hours. The back- up power supplies serving the System shall be capable of providing power to the System for not less than three (3) hours per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable generators to be deployed in the 17 event that the duration of a power disruption is expected to exceed three (3) hours; 4.1.1.3 Facilities of good and durable quality, generally used in high- quality, reliable systems of similar design; 4.1.1.4 A System that conforms to or exceeds all applicable FCC technical performance standards, as amended from time to time, which standards are incorporated herein by reference, and any other applicable technical performance standards. Upstream signals shall at all times meet or exceed manufacturers' specifications for successful operation of upstream equipment provided by the Grantee or approved for use by the Grantee at any Subscriber's premises. End of the line performance must meet or exceed FCC specifications at the end of the Subscriber Drop; 4.1.1.5 A System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of example (but not limitation): (A) National Electrical Code, as amended from time to time; and (B) National Electrical Safety Code (NESC), as amended from time to time; 4.1.1.6 Facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Grantee's System remains in compliance with the standards specified in subsection 4.1.1.5; 4.1.1.7 Such facilities and equipment as necessary to maintain, operate and evaluate the Grantee's System for compliance with FCC technical and customer service standards, as such standards may hereafter be amended; 4.1.1.8 Status monitoring equipment to alert the Grantee when and where back-up power supplies are being used, which capability shall be activated and used on or before the completion of the System Upgrade; 4.1.1.9 All facilities and equipment required to properly test the System and conduct an ongoing and active program of preventative and demand maintenance and quality control, and to be able to quickly respond to customer complaints and resolve System problems; 18 4.1.1.10 4.1.1.11 4.1.1.12 Antenna supporting structures designed in accordance with any applicable governmental building codes, as amended, and painted, lighted and erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the Federal Communications Commission and all other applicable codes and regulations; Facilities and equipment at the headend allowing the Grantee to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration; The Grantee shall provide adequate security provisions in its Subscriber site equipment to permit parental control over the use of Grantee's Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise or failure to exercise such controls; 4.1.1.13 Facilities and equipment capable of operating within the temperature ranges typical to the climate of the North Metro Franchise Area over the calendar year; 4.1.1.14 4.1.1.15 The System shall be so constructed and operated that there is no perceptible deterioration in the quality of Public, Educational, Governmental or religious Access Channel signals after delivery of such signals to the first interface point with Grantee's bi- directional fiber PEG transport line, Grantee's headend or the subscriber network, whichever is applicable, as compared with the quality of any other channel on the System. As used in this paragraph, "deterioration" refers to delivery that is within the control of the Grantee; and The Grantee must have TDD/TYY (or equivalent) equipment at the company office, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company. 4.1.2 Emergency Alert System. At all times during the term of this Franchise, Grantee shall provide and maintain an Emergency Alert System ("EAS"), consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and any State of Minnesota Emergency Alert System Plan requirements. The EAS shall allow authorized officials to override the audio and video signals on all Channels to transmit and report emergency information. In the case of any sudden, unforeseen event that has the potential to cause significant damage, destruction, or loss of life, Grantee shall make the EAS available without charge and in a manner consistent with any State of Minnesota 19 Emergency Alert System Plan ("Plan") for the duration of such sudden, unforeseen event. Grantee shall cooperate with designated state officials to test the emergency override system, for periods not to exceed one minute in duration and not more than once every six months, and upon request by the City, provide verification of compliance with any State Plan. The City may identify authorized emergency officials for activating Grantee's EAS consistent with the State's Plan, and the City may also develop a local plan containing methods of EAS message distribution, subject to applicable laws. 4.1.3 During construction activities related to the System, the Grantee shall attempt to identify and take into account the Cable Service interests of the business community within the City. The Grantee shall, in connection with System construction, install conduit adequately sized to address future System rebuilds or System additions, with the intent to obviate the need to reopen the Rights -of -Way for construction and installation work. 4.1.4. The City may request, as part of the System construction, that the Grantee remove from the Rights -of -Way, at its own expense, its existing equipment, plant and facilities that will not be used in the future, whether activated or not. If any unused or deactivated equipment remains in Rights -of -Way after such City request and the Grantee's reasonable opportunity to remove, the City may remove such plant, facilities and equipment at the Grantee's expense. The Grantee may appeal any request to remove existing equipment, plant and facilities to the City Council and thereby stay City action until a final decision is issued by the City Council. In the event existing facilities, plant and equipment are left underground in the Rights -of -Way, the City or the Commission may require the Grantee to provide accurate maps showing the location and the nature of the deactivated or unused facilities, plant and equipment, if such information has not already been provided to the City or the Commission. 4.1.5. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with then current applicable laws or regulations, or any orders, rules or decisions of the FCC. 4.2 Periodic Progress Reporting. Following commencement of construction, the Grantee shall, upon request of the Commission, meet with the Commission and provide an update on the progress of the construction. 4.2.1 Public Notification. Prior to the beginning of the System construction, and periodically during each phase of construction, the Grantee shall inform the public and its Subscribers, through various means, about: (i) the progress of 20 construction; (ii) areas where construction crews will be working; and (iii) any expected temporary interruptions to existing services which may occur. 4.3 System Maintenance. 4.3.1 The Grantee shall interrupt Cable Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System. The Grantee shall use its best efforts to provide the Commission with at least twenty-four (24) hours prior notice of a planned service interruption, except for a planned service interruption which will have a minimal impact on Subscribers, usually meaning affecting less than one hundred (100) Subscribers or less than a fifteen (15) minute interruption. 4.3.2 Maintenance of the System shall be performed in accordance with the applicable technical performance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City's entry into this field, the City may adopt such technical performance and operating standards as its own, and the Grantee shall comply with them at all times. 4.4 System Tests and Inspections; Special Testing. 4.4.1 Grantee shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise and other performance standards established by applicable law or regulation. 4.4.2 The City and the Commission shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City and/or the Commission may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction, operations or installation work pertaining to such location(s). Such tests shall be limited to the particular matter in controversy. The City and/or the Commission shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the Subscribers of such testing. 4.4.3 Before ordering such tests, the Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City and/or the Commission, as applicable, shall meet with the Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the City and/or the Commission wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolution of complaints, the tests shall be conducted at the Grantee's expense by a qualified 21 engineer selected by the City and/or the Commission, as applicable, and the Grantee shall cooperate in such testing. 4.4.4 Unless otherwise provided in this Franchise, tests shall be supervised by the Grantee's chief technical authority, or designee, who shall certify all records of tests provided to the City and the Commission. 4.4.5 The Grantee shall provide the City and the Commission with at least two (2) business days' prior written notice of, and opportunity to observe, any tests performed on the System as it specifically relates to cable service. 4.4.5.1 Test results shall be filed with the City and the Commission within fourteen (14) days of a written request by the City and/or the Commission. 4.4.5.2 If any test indicates that any part or component of the System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from the City or the Commission, shall take corrective action, retest the locations and advise the City and the Commission of the action taken and the results achieved by filing a written report certified by the Grantee's chief technical authority, or designee. 4.5 Drop Testing and Replacement. The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops and/or associated passive equipment incapable of passing the full System capacity at the time a Subscriber upgrades. 4.6 FCC Reports. Unless otherwise required by the terms of this Franchise, the results of any tests required to be filed by Grantee with the FCC or in the Grantee's public file, as it relates to cable service pursuant to this Franchise, shall upon request of the City or the Commission also be filed with the City or the Commission, as applicable, within ten (10) days of the request. 4.7 Lockout Capability. Upon the request of a Subscriber, the Grantee shall make lockout capability available at no additional charge, other than a charge for a Set Top Box. 4.8 Types of Service. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Franchise and in applicable law or regulations. 22 4.9 Uses of System. The Grantee shall, upon request of the Commission, advise the Commission of all active uses of the System, for both entertainment and other purposes, and the Commission shall have the right to conduct unannounced audits of such usage. 4.10 Additional Capacity. The Grantee shall notify the City and the Commission in writing, in advance of the installation of any fiber optic capacity not contemplated by the initial System design, so that additional fibers may be installed on an Actual Cost basis for government and institutional use. If the City wishes to request additional fiber, it may notify the Grantee within fifteen (15) days of receipt of the Grantee's notification; provided, however, Grantee shall not be required to violate its telecommunications federal or state tariff. SECTION 5. SERVICE PROVISIONS 5.1 Customer Service Standards. The Grantee shall at all times comply with FCC customer service standards. In addition, the Grantee shall at all times satisfy all additional or stricter customer service requirements included in this Franchise and any customer service requirements set forth in any ordinance or regulation lawfully enacted by the City, upon 90 days' notice. 5.2 Video Programming. Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of the Grantee, provided that the Grantee notifies the City, the Commission and Subscribers in writing thirty (30) days prior to any channel additions, deletions or realignments unless otherwise permitted under applicable federal, State and local laws and regulations. Grantee shall cooperate with the City, and use best efforts to provide all Subscriber notices to the Commission prior to delivery to Subscribers. Location and relocation of the PEG channels shall be governed by Sections 6.1.3-6.1.4. 5.3 Regulation of Service Rates. 5.3.1 The City and/or its delegatee may regulate rates for the provision of Cable Service, equipment or any other communications service provided over the System to the extent allowed under federal or State law(s). The City reserves the right to regulate rates for any future services to the extent permitted by law. 5.3.2 The Grantee shall provide at least 30 days' prior written notice (or such longer period as may be specified in FCC regulations) to Subscribers and to the City of any changes in rates, regardless of whether or not the Grantee believes the affected rates are subject to regulation, except to the extent such notice 23 requirement is specifically waived by governing law. Bills must be clear, concise and understandable, with itemization of all charges. 5.4 Sales Procedures. The Grantee shall not exercise deceptive sales procedures when marketing Services within the City. In its initial communication or contact with a Subscriber or a non - Subscriber, and in all general solicitation materials marketing the Grantee or its Services as a whole, the Grantee shall inform the non -Subscriber of all levels of Service available, including the lowest priced and free service tiers. The Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulations. 5.5 Subscriber Inquiry and Complaint Procedures. 5.5.1 The Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-four (24) hour -a -day, seven (7) days -a -week, 365 days -a - year basis. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. 5.5.2 The Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal Operating Conditions, the customer will receive a busy signal less than three (3) percent of the time. 5.5.3 Subject to the Grantee's obligations pursuant to law regarding privacy of certain information, the Grantee shall prepare and maintain written records of all complaints received from the City and the Commission and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of the Grantee. The Grantee shall provide the City and/or the Commission with a written summary of such complaints, upon request. As to Subscriber complaints, Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to the City and/or the Commission, upon request. 5.5.4 Excluding conditions beyond the control of the Grantee, the Grantee shall commence working on a service interruption within twenty-four (24) hours after the service interruption becomes known and pursue to conclusion all steps 24 reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem, and pursue to conclusion all steps reasonably necessary to correct the problem. 5.5.5 The Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four-hour time block during the hours of 9:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. The Grantee may also schedule service calls outside such hours for the convenience of customers. The Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 5.5.6 The Grantee shall respond to written complaints from the City and the Commission in a timely manner, and provide a copy of each response to the City and the Commission within thirty (30) days. In addition, the Grantee shall respond to all written complaints from Subscribers within (30) days of receipt of the complaint. 5.6 Subscriber Contracts. The Grantee shall file with the Commission any standard form Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the Commission a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. The length and terms of any Subscriber contract(s) shall be available for public inspection during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 5.7 Service Credit. 5.7.1 In the event a Subscriber establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing cycle. 5.7.2 If, for any reason, Service is interrupted for a total period of more than twenty- four (24) hours in any thirty (30) day period, Subscribers that had interrupted service shall, upon request, be credited pro rata for such interruption. 5.8 Refunds or Credits. 5.8.1 Any refund checks shall be issued promptly, but not later than either: 25 5.8.1.1 The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or 5.8.1.2 The return of the equipment supplied by the Grantee if Service is terminated. 5.8.2 Any credits for Service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 5.9 Late Fees. Fees for the late payment of bills shall not be assessed until after the Service has been fully provided. Late fee amounts on file with the Commission shall not be adjusted by the Grantee without the Commission's prior approval. 5.10 Notice to Subscribers. 5.10.1 The Grantee shall provide each Subscriber at the time Cable Service is installed, and at least every twelve (12) months thereafter, the following materials: 5.10.1.1 Instructions on how to use the Cable Service; 5.10.1.2 Billing and complaint procedures, and written instructions for placing a service call, filing a complaint or requesting an adjustment (including when a Subscriber is entitled to refunds for outages and how to obtain them); 5.10.1.3 A schedule of rates and charges, channel positions and a description of products and services offered; 5.10.1.4 Prices and options for programming services and conditions of subscription to programming and other services; and 5.10.1.5 A description of the Grantee's installation and service maintenance policies, Subscriber privacy rights, delinquent Subscriber disconnect and reconnect procedures and any other of its policies applicable to Subscribers. 5.10.2 Copies of materials specified in the preceding subsection shall be provided to the City and the Commission upon request. 5.10.3 All Grantee promotional materials, announcements and advertising of Cable Service to Subscribers and the general public, where price information is listed in any manner, shall be clear, concise, accurate and understandable. 26 5.11 Exclusive Contracts and Anticompetitive Acts Prohibited. 5.11.1 The Grantee may not require a residential Subscriber to enter into an exclusive contract as a condition of providing or continuing Cable Service. 5.11.2 The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 5.12 Office Availability and Payment Centers. 5.12.1 The Grantee shall install, maintain and operate, throughout the term of this Franchise, a single staffed payment center with regular business hours in the North Metro Franchise Area at a location agreed upon by the Commission and the Grantee. Additional payment centers may be installed at other locations. The purpose of the payment center(s) shall be to receive Subscriber payments. All subscriber remittances at a payment center shall be posted to Subscribers' accounts within forty-eight (48) hours of remittance. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee to properly credit a Subscriber for a payment timely made. 5.12.2 The Grantee shall, at the request of and at no delivery or retrieval charge to a Subscriber, deliver or retrieve electronic equipment (e.g., Set Top Boxes and remote controls). 5.12.3 After consultation with the Commission, the Grantee shall provide Subscribers with at least sixty (60) days' prior notice of any change in the location of the customer service center serving the North Metro System, which notice shall apprise Subscribers of the customer service center's new address, and the date the changeover will take place. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 6.1 Public, Educational and Government Access. 6.1.1 The Commission is hereby designated to operate, administer, promote, and manage PEG access programming on the Cable System. 6.1.2 Within one hundred twenty (120) days from the Effective Date, The Grantee shall provide twelve (12) channels (the "Access Channels") to be used for PEG access programming on the basic service tier. The City and Commission have the sole discretion to designate the use of each Access Channel. Grantee shall provide a technically reliable path for upstream and downstream transmission of the Access Channels, which will in no way degrade the technical quality of the Access Channels, from an agreed upon demarcation point at the Commission's Master Control Center at the Commission's office, and from any other designated Access 27 providers' locations, to Grantee's headend, on which all Access Channels shall be transported for distribution on Grantee's subscriber network. The Access Channels shall be delivered without degradation to subscribers in the technical format (e.g. HD or SD) as delivered by the Commission and any designated Access provider to Grantee at each demarcation point at the Commission Office and at the designated Access providers' locations. 6.1.2.1 All of the Access Channels will be made available through a multi- channel display (i.e. a picture in picture feed) on a single TV screen called a "mosaic" (the "North Metro Mosaic"), where a cable subscriber can access via an interactive video menu one of any of the 12 Access Channels. The North Metro Mosaic will be located on Channel 16. The 12 Access Channels will be located at Channels 8026-8037. The North Metro Mosaic will contain only Access Channels authorized by the Commission. 6.1.2.2 Grantee will make available to the Commission the ability to place detailed scheduled Access Channel programming information on the interactive channel guide by putting the Commission in contact with the electronic programming guide vendor ("EPG provider") that provides the guide service (currently Gracenote). Grantee will be responsible for providing the designations and instructions necessary to ensure the Access Channels will appear on the programming guide throughout the City and any necessary headend costs associated therewith. The Commission shall be responsible for providing programming information to the EPG provider. 6.1.2.3 For purposes of this Franchise, the term channel shall be as commonly understood and is not any specific bandwidth amount. The signal quality of the Access Channels shall be the same as the local broadcast channels, provided such signal quality is delivered to Grantee at the Access Channels' respective demarcation points. 6.1.2.4 Grantee will provide, at no cost to the Commission, air time on non -Access channels during periods in which ample unsold/unused air time on such channels exists for City public service announcements (PSAs). The Commission will provide a 30 -second PSA prior to the start of each month on a mutually agreed-upon schedule. 6.1.2.5 In the event Grantee makes any change in the Cable System and related equipment and facilities or in its signal delivery technology, which requires the City or Commission to obtain new equipment in order to be compatible with such change for purposes of transport and delivery of the Access Channels to the Grantee's headend, 28 Grantee shall, at its own expense and free of charge to the City, the Commission, or its designated entities, purchase such equipment as may be necessary to facilitate the cablecasting of the Access Channels in accordance with the requirements of the Franchise. 6.1.2.6 Neither the Grantee nor the officers, directors, or employees of the Grantee is liable for any penalties or damages arising from programming content not originating from or produced by the Grantee and shown on any public access channel, education access channel, government access channel, leased access channel, or regional channel. 6.1.2.7 Within one hundred twenty (120) days of a written request from the Commission, Grantee shall make available as part of Basic Service to all Subscribers a PEG Access Video -on Demand (PEG - VOD) Service and maintain a PEG -VOD system. The PEG -VOD system shall be connected by the Grantee such that: 6.1.2.7.1 Twenty-five (25) hours of programming per member city of Commission, or such greater amount as may be mutually agreed to by the parties, as designated and supplied by the City, Commission, or its Designated Access Provider to the Grantee may be electronically transmitted and/or transferred and stored on the PEG -VOD system; and 6.1.2.7.2 A database of that programming may be efficiently searched and a program requested and viewed over the PEG -VOD system by any Subscriber in the City; and 6.1.2.7.3 6.1.2.7.4 Programming submitted for placement on the PEG -VOD system, shall be placed on and available for viewing from the PEG -VOD system within forty-eight (48) hours of receipt of said programming; The hardware and software described in Subsection (8) below, shall be in all respects of the same or better technical quality as the hardware and software utilized by Grantee in the provision of any other video on demand services offered over the Cable System, and shall be upgraded at Grantee's cost, when new hardware or software is utilized on Grantee's Cable System for other video on demand services. Grantee shall provide reasonable technical assistance to allow for proper use and operation when encoding hardware or software is installed and/or upgraded at City's facilities. 29 6.1.2.8 To ensure compatibility and interoperability, the Grantee shall supply and maintain all necessary hardware and software to encode, transmit and/or transfer Government Access programming from the City to the PEG -VOD system. The City shall be responsible for all monitoring of any equipment provided under this Section, and notifying Grantee of any problems. Grantee shall provide all technical support and maintenance for the equipment provided to the City by Grantee under this Section. After notification of any equipment problems, Grantee shall diagnose and resolve the problem within forty eight (48) hours. Major repairs which cannot be repaired within the forty eight (48) hour timeframe shall be completed within seven (7) days of notice, unless, due to Force Majeure conditions, a longer time is required. "Major repairs" are those that require equipment to be specially obtained in order to facilitate the repairs. The quality of signal and the quality of service obtained by a Subscriber utilizing the PEG - VOD service shall meet or exceed the quality standards established for all other programming provided by the Grantee and as established elsewhere in this Franchise Agreement. The Commission shall have the right to rename, reprogram or otherwise change the use of these channels at any time, in its sole discretion, provided such use is Noncommercial and public, educational, governmental or religious in nature. Nothing herein shall diminish any rights of the City and the Commission to secure additional PEG channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. 6.1.3 The Access Channels, including the North Metro Mosaic channel, shall not be relocated without the consent of the Commission. If the Commission agrees to change the channel designation for Access Channels , the Grantee must provide at least three (3) months' notice to the City and the Commission prior to implementing the change, and shall reimburse the Commission and/or PEG entity for any reasonable costs incurred for: (i) purchasing or modifying equipment, business cards and signage; (ii) any marketing and notice of the channel change that the Commission reasonably determines is necessary; (iii) logo changes; and (iv) promoting, marketing and advertising the channel location of the affected Access Channels during the twelve-month period preceding the effective date of the channel change. Alternatively, the Grantee may choose to supply necessary equipment itself, provided such equipment is satisfactory to the Commission or PEG entity. 6.1.4 In the event the Grantee makes any change in the System and related equipment and facilities or in signal delivery technology, which change directly or indirectly causes the signal quality or transmission of PEG channel programming or PEG services to fall below technical standards under applicable law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission 30 equipment and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and taped programming can be cablecasted efficiently to Subscribers. 6.1.5 Subject to Section 6.1.2.1, all PEG channels shall be transmitted in the same format as all other Basic Cable Service channels and shall be carried on the Basic Service tier and shall be provided to all cable subscribers regardless of the tier or package of cable service subscribed to by the subscriber. 6.1.6 Except as otherwise provided in this Franchise, the Commission shall be responsible for any necessary master control switching of PEG signals and Institutional Network. 6.2 PEG Support Obligations. 6.2.1 Grantee shall pay a PEG Fee of $3.16/subscriber/month from the effective date until the franchise renews. Starting with the 2016 calendar year, the City may elect to increase this fee based on the incumbent's cable franchise PEG support obligation, or the Consumer Price Index. Any such election must be made in writing to the Franchisee no later than September 1st prior to the year in which the increase shall apply. In no event shall the monthly per subscriber fee be in an amount different from the incumbent cable provider. The PEG fee may be used for operational or capital support of PEG programming The PEG Fee may be itemized on the Subscriber billing statements per applicable law. The Grantee shall apply one PEG Fee on the master account for services to non -dwelling bulk accounts (such as hotels, motels, prisons and hospitals). The Grantee shall calculate PEG Fees on a pro rata basis for bulk accounts in residential multiple dwelling unit ("MDU") buildings in the following manner: if the bulk rate for Basic Cable Service is one third (1/3) of the current residential rate, then a pro- rated PEG Fee shall be added to the bulk bill for an MDU building in an amount equal to one third (1/3) of the current PEG Fee. If the bulk rate for Basic Cable Service is raised in any MDU building, the pro -rated PEG Fee in that building shall be recalculated and set based on the foregoing formula, regardless of any cap on per Subscriber PEG Fee amounts. Payments for the PEG Fee pursuant to this subsection shall be made quarterly based on actual receipts from the prior quarter on the same schedule as franchise fee payments. 6.2.2 The Grantee shall provide the fiber-optic or other cabling and other electronics, equipment, software and other materials necessary to transport all PEG signals from their origination point to and from the Commission's master control to the appropriate subscriber network channel, including channels provided discretely. Grantee shall provide the aforementioned cabling, electronics, equipment, software and other materials at no cost to the City, the Commission, and the North Metro Media Center. This equipment shall include one (1) encoder for each Access Channel 31 6.3 Regional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform regional channel usage to the extent required by State law. 6.4 Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 6.5 PEG Obligations. Except as expressly provided in this Franchise, the Grantee shall not make any changes in PEG support or in the transmission, reception and carriage of PEG channels and equipment associated therewith, without the consent of the City and/or the Commission. 6.6 Costs and Payments not Franchise Fees. The parties agree that any costs to the Grantee and payments from the Grantee associated with the provision of support for PEG access, pursuant to Sections 6 and 7 of this Franchise do not constitute and are not part of a franchise fee and fall within one or more of the exceptions to 47 U.S.C. § 542. If the incumbent franchised cable operator agrees to provide any support of the Access Channels in excess of the amount identified above or to any payment in support of any other PEG -related commitment after the Effective Date of this Franchise, the Commission, in its reasonable discretion, after meeting with the Grantee, will determine whether Grantee's PEG Fee should be changed. If Grantee is required to pay any additional PEG Fee, such amount must be based upon a per subscriber/per month fee. SECTION 7. INSTITUTIONAL NETWORK (I -NET) PROVISIONS AND RELATED COMMITMENTS 7.1 Twin Cities Metro PEG Interconnect Network. Grantee shall provide a discrete, non-public, video interconnect network, from an agreed upon demarcation point at the Commission's Master Control Center at the Commission's office, to Grantee's headend. The video interconnect network shall not exceed 50 Mbps of allocated bandwidth, allowing PEG operators that have agreed with Grantee to share (send and receive) live and recorded programming for playback on their respective systems. Where available the Grantee shall provide the video interconnect network and the network equipment necessary, for the high-priority transport of live multicast HD/SD video streams as well as lower -priority file -sharing. Grantee shall provide 50 Mbps bandwidth for each participating PEG entity to send its original programming, receive at least two additional multicast HD/SD streams from any other participating PEG entity, 32 and allow the transfer of files. Each participating PEG entity is responsible for encoding its own SD/HD content in suitable bit rates to be transported by the video interconnect network without exceeding the 50 Mbps of allocated bandwidth. 7.2 Cable Service to Public Buildings. Grantee shall, at no cost to the City or Commission, provide Basic Service and Expanded Basic Service (currently Prism Essentials) or equivalent package of Cable Service and necessary reception equipment to up to seven (7) outlets at the Commission Office and at each Member City City Hall and to each Independent School District, except Blaine High School, at the current locations located in the Commission area that originates PEG programming. Grantee shall, at no cost to the City, provide Basic Service and Expanded Basic Service (currently Prism Essentials) or equivalent package of Cable Service and necessary reception equipment to up to three (3) outlets at all other government buildings, schools and public libraries located in the City where Grantee provides Cable Service, so long as these government addresses are designated as a Household and no other cable communications provider is providing complementary service at such location. For purposes of this subsection, "school" means all State -accredited K- 12 public, and private schools. Outlets of Basic and Expanded Basic Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings; provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. Blaine High School will be provided the functionality to monitor PEG signals through a mutually agreeable alternate technology at the expense of the Grantee. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 8.1 Administration of Franchise. The City's designated cable television administrator, or his/her designee, shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System, as are consistent with the provisions of this Franchise and law. 8.2 Delegated Authority. The City may appoint a citizen advisory body or a joint powers commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any such delegatee of the City. 33 8.3 Franchise Fee. 8.3.1 During the term of the Franchise, the Grantee shall pay quarterly to the City or its delegatee a Franchise fee in an amount equal to five percent (5%) of its Gross Revenues. 8.3.2 Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a report showing the basis for the computation. The City or the Commission shall have the right to require further supporting information for each franchise fee payment. 8.3.3 All amounts paid shall be subject to audit and recomputation by City and/or the Commission, and acceptance of any payment shall not be construed as an accord that the amount paid is in fact the correct amount. The Grantee shall be responsible for providing the City and/or the Commission all records necessary to confirm the accurate payment of franchise fees. The Grantee shall maintain such records for five (5) years, unless in the Grantee's ordinary course of business specific records are retained for a shorter period, but in no event less than three (3) years. If an audit discloses an overpayment or underpayment of franchise fees, the City and/or the Commission shall notify the Grantee of such overpayment or underpayment. The City's/Commission's audit expenses shall be borne by the City/Commission unless the audit determines that the payment to the City should be increased by more than five percent (5%) in the audited period, in which case the reasonable costs of the audit shall be borne by the Grantee as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City/Commission of the underpayment, which notice shall include a copy of the audit report. If the recomputation results in additional revenue to be paid to the City, such amount shall be subject to a ten percent (10%) annual interest charge. If the audit determines that there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its next quarterly payment. 8.3.4 In the event any franchise fee payment or recomputation amount is not made on or before the required date, the Grantee shall pay, during the period such unpaid amount is owed, the additional compensation and interest charges computed from such due date, at an annual rate of ten percent (10%). 8.3.5 Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. 8.3.6 The franchise fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said franchise fee payments from or against any of said taxes or fees of general 34 applicability, except as expressly permitted by law. The Grantee shall not apply nor seek to apply all or any part of the amount of said franchise fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall the Grantee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its franchise fee obligations, except as expressly permitted by law. 8.4 Access to Records. To the extent such documents are related to Grantee's compliance with this Franchise or applicable law (the burden to allege and, if so alleged, the initial burden to demonstrate that such requested documents are not related to Grantee's compliance with this Franchise or applicable law shall be the Grantee's), the City/Commission shall have the right to inspect or copy any records or documents maintained by Grantee (or maintained by an Affiliate on behalf of the Grantee, to the extent that review of such record or document maintained by the Affiliate on behalf of the Grantee is necessary in order for the City/Commission to enforce compliance with this Franchise) upon reasonable notice and during Grantee's administrative office hours, or require Grantee to provide copies of records and documents within a reasonable time, on a confidential and proprietary basis, to the extent such records and documents otherwise qualify as nonpublic, confidential, trade secret or proprietary pursuant to applicable law. Upon the City's/Commission's request, the Grantee shall provide to the City and/or the Commission copies of any records or documents that cannot be reasonably argued pursuant to applicable law to be nonpublic, confidential, trade secret or proprietary. 8.5 Reports and Maps to be Filed with City. 8.5.1 The Grantee shall file with the City, at the time of payment of the Franchise Fee, a report of all Gross Revenues in a form and substance as required by the City or the Commission. 8.5.2 The Grantee shall prepare and furnish to the City or the Commission, at the times and in the form prescribed, such other reports with respect to Grantee's operations pursuant to this Franchise as the City or the Commission may require. The City and the Commission shall use their best efforts to protect proprietary or trade secret information all consistent with State and federal law. 8.5.3 If required by the City and/or the Commission, the Grantee shall make available to the City and/or the Commission the maps, plats and permanent records of the location and character of all facilities constructed, including underground facilities, and Grantee shall upon request make available to the City and the Commission updates of such maps, plats and permanent records annually if changes have been made in the System. 35 8.6 Periodic Evaluation. 8.6.1 The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to the Grantee. 8.6.2 Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System, programming offered, access channels, facilities and support, municipal uses of cable, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics the City deems relevant. 8.6.3 As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are legally, economically, and technically feasible. SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.1 Performance Bond. 9.1.1 At the time the Franchise becomes effective and until such time as the construction of the System the Grantee shall furnish a bond to the Commission, in a form and with such sureties as are reasonably acceptable to the Commission, in the amount of $500,000. Upon such completion of all System the bond shall be reduced to $50,000. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by the City or the Commission as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City or the Commission which arise by reason of the construction, operation, or maintenance of the System,. The rights reserved by the City and the Commission with respect to the bond are in addition to all other rights the City and the Commission may have under the Franchise or any other law. The Commission may, from year to year, in its sole discretion, reduce the amount of the bond. 9.1.2 The time for Grantee to correct any violation or liability shall be extended by Commission if the necessary action to correct such violation or liability is, in the sole determination of Commission, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations 36 or liability, commences the corrective action within the thirty (30) -day cure period and thereafter uses reasonable diligence to correct the violation or liability. 9.1.3 In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. 9.1.4 Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise or revocation for default thereof, provided the City or the Commission has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. 9.1.5 The rights reserved to the City or the Commission with respect to the performance bond are in addition to all other rights of the City and the Commission whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right the City and the Commission may have. 9.2 Letter of Credit. 9.2.1 Within 30 days of the Effective Date of this Franchise, the Grantee shall deliver to the Commission an irrevocable and unconditional Letter of Credit, that is effective as of the Effective Date, in a form and substance acceptable to the Commission, from a National or State bank approved by the Commission, in the amount of $25,000.00. 9.2.2 The Letter of Credit shall provide that funds will be paid to the City upon written demand of the City, and in an amount solely determined by the City in payment for penalties charged pursuant to this Section, in payment for any monies deemed by the City to be owed by the Grantee to the City and/or the Commission, as applicable, after notice and opportunity to pay any such monies, pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or the Commission as a result of any acts or omissions by the Grantee pursuant to this Franchise. 9.2.3 In addition to recovery of any monies owed by the Grantee to the City, or the Commission or damages to the City, the Commission or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City and/or the Commission in its sole discretion may charge to and collect from the Letter of Credit the following penalties: 9.2.3.1 For failure to perform timely construction pursuant to Section 2.7 provided in this Franchise, unless the City or the Commission approves the delay, the penalty shall be $500.00 per day for each day, or part thereof, such failure occurs or continues. 37 9.2.3.2 For failure to provide data, documents, reports or information or to cooperate with City or the Commission during an application process or system review or as otherwise provided herein, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.3 Fifteen (15) days following notice from the City or the Commission of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.4 For failure to provide the services and the payments required by this Franchise, including, but not limited to, the implementation and the utilization of the PEG Access Channels, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.3.5 For Grantee's breach of any written contract or agreement with or to the City or the Commission, the penalty shall be $250.00 per day for each day, or part thereof, such breach occurs or continues. 9.2.3.6 For failure to comply with the reasonable build -out provisions and for economic redlining in violation of Section 2.7 and 11.1 and 47 U.S.C. § 541(a)(3): Five Hundred dollars ($500) per day for each day or part thereof that such violation continues. 9.2.3.7 For failure to comply with any of the provisions of this Franchise, or other City ordinance or regulation for which a penalty is not otherwise specifically provided pursuant to this subsection 9.2.3, the penalty shall be $250.00 per day for each day, or part thereof, such failure occurs or continues. 9.2.4 Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed; provided, however, that Grantee will not be charged under more than one penalty provision for each separate violation. 9.2.5 Whenever the City or the Commission determines that the Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in subsection 9.2.3 above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the determination of the City or the Commission, is necessary to cure the alleged violation) following local receipt of notice, provided the City or its designee finds that the Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City or the Commission, the City or the Commission may 38 draw from the Letter of Credit all penalties and other monies due the City or the Commission from the date of the local receipt of notice. 9.2.6 Prior to drawing on the Letter of Credit, the City or the Commission shall give Grantee written notice that it intends to draw, and the Grantee may, within seven (7) days thereafter, notify the City or the Commission in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City or the Commission shall specify with particularity the matters disputed by Grantee. Any penalties shall continue to accrue, but the City or the Commission may not draw from the Letter of Credit during any appeal pursuant to this subparagraph 9.2.6. The City or the Commission shall hear Grantee's dispute within sixty (60) days and the City or the Commission, as appropriate, shall render a final decision within sixty (60) days thereafter. Withdrawal from the Letter of Credit may occur only upon a final decision. 9.2.7 If said Letter of Credit or any subsequent Letter of Credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in subsection 9.2.1 of this Section. 9.2.8 If the City or the Commission draws upon the Letter of Credit or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part, the Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to the Commission a like replacement Letter of Credit or certification of replenishment for the full amount stated in Section 9.2.1 as a substitution of the previous Letter of Credit. This shall be a continuing obligation for any withdrawals from the Letter of Credit. 9.2.9 If any Letter of Credit is not so replaced or replenished, the City or the Commission may draw on said Letter of Credit for the whole amount thereof and use the proceeds as the City or the Commission determines in its sole discretion. The failure to replace or replenish any Letter of Credit may also, at the option of the City or the Commission, be deemed a default by the Grantee under this Franchise. The drawing on the Letter of Credit by the City or the Commission, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of the Grantee which are in default, shall not be a waiver or release of such default. 9.2.10 The collection by the City or the Commission of any damages, monies or penalties from the Letter of Credit shall not affect any other right or remedy available to it, nor shall any act, or failure to act, by the City or the Commission 39 pursuant to the Letter of Credit, be deemed a waiver of any right of the City or the Commission pursuant to this Franchise or otherwise. 9.3 Indemnification of City. 9.3.1 The City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents shall not be liable for any loss or damage to any real or personal property of any Person, or for any injury to or death of any Person, arising out of or in connection with Grantee's construction, operation, maintenance, repair or removal of the System, or as to any other action of Grantee with respect to this Franchise. 9.3.2 Grantee shall indemnify, defend, and hold harmless the City and its officers, boards, committees, commissions, elected and appointed officials, employees, volunteers and agents from and against all liability, damages and penalties which they may legally be required to pay as a result of the City's or the Commission's exercise, administration or enforcement of the Franchise. 9.3.3 Nothing in this Franchise relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing work connected with grading, regarding or changing the line of a Right -of -Way or public place or with the construction or reconstruction of a sewer or water system. 9.3.4 The Grantee shall not be required to indemnify the City for negligence or misconduct on the part of the City or its officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 9.3.5 Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in the form of Exhibit A, which shall indemnify, defend and hold the City and Commission harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City and/or Commission in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City and/or Commission that the terms and conditions of this Franchise are less burdensome than another franchise granted by the city or that this Franchise does not satisfy the requirements of applicable state law(s). 9.4 Insurance. 9.4.1 As a part of the indemnification provided in Section 9.3, but without limiting the foregoing, Grantee shall file with the Commission at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including 40 broadcaster' s/cablecaster' s liability and contractual liability coverage, in protection of the Grantee, the Commission, the City and its officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall name the City and the Commission as an additional insured, and in their capacity as such, City and Commission officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers. The broadcaster' s/cablecaster' s liability coverage specified in this provision shall be subject to Section 9.3 above regarding indemnification of the City. 9.4.2 The policies of insurance shall be in the sum of not less than $1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $1,000,000.00 for property damage to any one Person and $2,000,000.00 for property damage resulting from any one act or occurrence. 9.4.3 The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire term of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the Commission. The Grantee shall not cancel any required insurance policy without submission of proof that the Grantee has obtained alternative insurance satisfactory to the City which complies with this Franchise. 9.4.4 All insurance policies shall be with sureties qualified to do business in the State of Minnesota, with an A-1 or better rating of insurance by Best's Key Rating Guide, Property/Casualty Edition, and in a form approved by the City. 9.4.5 All insurance policies shall be available for review by the City and the Commission, and the Grantee shall keep on file with the Commission certificates of insurance. 9.4.6 Failure to comply with the insurance requirements of this Section shall constitute a material violation of this Franchise. SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 10.1 City's Right to Revoke. 10.1.1 In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this 41 Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: 10.1.1.1 Grantee has violated material provisions(s) of this Franchise; or 10.1.1.2 Grantee has attempted to evade any of the provisions of the Franchise; or 10.1.1.3 Grantee has practiced fraud or deceit upon the City or the Commission. City may revoke this Franchise without the hearing required by Section 10.2.2 herein if Grantee is adjudged a bankrupt. 10.2 Procedures for Revocation. 10.2.1 The City shall provide the Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, the City shall provide the Grantee with the basis for revocation. 10.2.2 The Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subsection 10.2.1 above. The City shall provide the Grantee with written notice of its decision together with written findings of fact supplementing said decision. 10.2.3 Only after the public hearing and upon written notice of the determination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate state or federal court or agency. 10.2.4 During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any Person or the public. 10.3 Continuity of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City. The Grantee may not abandon the System or any portion thereof without compensating the City for all costs incident to removal of the System if required by the City pursuant to section 10.4. 10.4 Removal After Abandonment, Termination or Forfeiture. 10.4.1 In the event of termination or forfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any 42 portion of the System from all Rights -of -Way and public property within the City, consistent with Section 3.8 (Removal of Facilities at Expiration of Franchise) herein. 10.4.2 If the Grantee has failed to commence removal of the System, or such part thereof as was designated by the City, within thirty (30) days after written notice of the City's demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by the Letter of Credit and Performance Bond toward removal and/or declare all right, title and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 10.5 Sale or Transfer of Franchise. 10.5.1 No sale or transfer of the Franchise, or sale, transfer or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, including the merger of a subsidiary and parent entity, consolidation or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with the City requesting approval of the sale, transfer or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to the City, Grantee may undertake legal changes necessary to consolidate the corporate or partnership structures of its System provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee; provided however, Grantee must seek approval of any transaction constituting a transfer under state law. 10.5.2 Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 10.5.3 The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: 10.5.3.1 All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments or other documents referred to therein which are necessary in order to understand the terms thereof. 43 10.5.3.2 A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and 10.5.3.3 Any other documents or information related to the transaction as may be specifically requested by the City 10.5.4 The City shall have such time as is permitted by federal law in which to review a transfer request. 10.5.5 The Grantee shall reimburse the City and/or the Commission for all the reasonable legal, administrative, and consulting costs and fees associated with the City's/Commission's review of any request to transfer. Nothing herein shall prevent the Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. 10.5.6 In no event shall a sale, transfer, corporate change or assignment of ownership or control pursuant to subsections 10.5.1 or 10.5.2 of this Section be approved without the Grantee remaining, or (if other than the current Grantee) transferee becoming a signatory to this Franchise and assuming or continuing to have all rights and obligations hereunder. 10.5.7 In the event of any proposed sale, transfer, corporate change or assignment pursuant to subsection 10.5.1 or 10.5.2, the City shall have the right to purchase the System for the value of the consideration proposed in such transaction. The City's right to purchase shall arise upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. 10.5.8 The City shall be deemed to have waived its right to purchase the System pursuant to this Section only in the following circumstances: 10.5.8.1 If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change or assignment as contemplated in Section 10.5.7 above, its intention to exercise its right of purchase; or 10.5.8.2 It approves the assignment or sale of the Franchise as provided within this Section. 10.5.9 No Franchise may be transferred if the City and/or the Commission determine the Grantee is in noncompliance of the Franchise unless an acceptable compliance 44 program has been approved by City or the Commission. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of the City or the Commission to subsequently enforce noncompliance issues relating to this Franchise. 10.5.10Any transfer or sale of the Franchise without the prior written consent of the City shall be considered to impair the City's assurance of due performance. The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approval would otherwise be required. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS 11.1 Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers (or group of potential subscribers) or general citizens on the basis of income, race, color, religion, national origin, sex, age, status as to public assistance, affectional preference or disability. Grantee shall comply at all times with all other applicable federal, State and City laws. 11.2. Subscriber Privacy. 11.2.1 No signals, including signals of a Class IV Channel, may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such permission shall be required for each type or classification of Class IV Channel activity planned for the purpose of monitoring individual viewing patterns or practices. 11.2.2 No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's service business use or to City for the purpose of Franchise administration, and also to the Subscriber subject of that information, unless Grantee has received specific written authorization from the Subscriber to make such data available. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such authorization. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. 45 11.2.3 Written permission from the Subscriber shall not be required for the conducting of System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subsection 11.2.2. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 12.1 Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or to receive services of the System without Grantee's authorization. 12.2 Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company or corporation to willfully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City may have pursuant to this Franchise or its police powers. 12.3 Penalty. Any firm, Person, group, company or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 13.1 Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, State and local laws and regulations. 13.2 Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate the System or provide Cable Service. The Grantee shall provide 46 notice to the City of the name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise. 13.3 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8.6 or at any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, State or local laws. Provided, however, nothing herein shall restrict the City's exercise of its police powers or the City's authority to unilaterally amend Franchise provisions to the extent permitted by law. 13.4 Compliance with Federal, State and Local Laws. 13.4.1 If any federal or State law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to State laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated, and to conform to federal laws and regulations regarding cable as they become effective. 13.4.2 In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent and for the time, but only to the extent and for the time, required or necessitated by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City or the Commission. 13.4.3 If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance (including the City, the Grantee and the Commission) shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances (including the City, the Grantee and the Commission) other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the 47 provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City without further action by the City. 13.4.4 The City and the Grantee shall, at all times during the term of this Franchise, including all extensions and renewals hereof, comply with applicable federal, State and local laws and regulations. 13.5 Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 13.6 Rights Cumulative. All rights and remedies given to City and the Commission by this Franchise or retained by City or the Commission herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City and the Commission, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the Commission and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 13.7 Grantee Acknowledgment of Validity of Franchise. The Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. 13.8 Force Maieure. The Grantee shall not be deemed in default of provisions of this Franchise or the City Code where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods or other causes beyond the Grantee's control, and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee's 48 employees or property, or the health, safety and integrity of the public, the Rights -of - Way, public property or private property. 13.9 Governing Law. This Franchise shall be governed in all respects by the laws of the State of Minnesota. 13.10 Captions and References. 13.10.1 The captions and headings of sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. 13.10.2 When any provision of the City Code is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the City Code that may also govern the particular matter in question. 13.11 Rights of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herein. 13.12 Merger of Documents. This Franchise, and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersede all prior oral or written franchises, drafts and understandings. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 14.1 Publication. This Franchise shall be published in accordance with applicable local and Minnesota law. 14.2 Acceptance. 14.2.1 Grantee shall accept this Franchise within sixty (60) days of its enactment by the City Council and the enactment of a Franchise on substantially similar terms by the other member municipalities of the Commission, unless the time for acceptance is extended by the City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes; provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance In the event acceptance does not take place, or should all ordinance 49 adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to the Grantee shall be null and void. 14.2.2 Upon acceptance of this Franchise, the Grantee and the City shall be bound by all the terms and conditions contained herein. The Grantee agrees that this Franchise is not inconsistent with applicable law or regulations at the time it is executed. 14.2.3 Grantee shall accept this Franchise in the following manner: 14.2.3.1 This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 14.2.3.2 With its acceptance, Grantee shall also deliver any performance bond and insurance certificates required herein that are due but have not previously been delivered. 14.3 Binding Acceptance. This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Passed and adopted this day of , 2015. Attest: CITY OF LINO LAKES, MINNESOTA By: By: Its: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. Dated: 50 QWEST BROADBAND SERVICES, INC., DBA CENTURYLINK By: Its: EXHIBIT A INDEMNITY AGREEMENT INDEMNITY AGREEMENT made this day of , 2015, by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called "CenturyLink," and the City of Lino Lakes, a Minnesota Municipal Corporation, party of the second part, hereinafter called "City" and the North Metro Telecommunications Commission, a Minnesota Municipal Joint Powers entity, hereinafter called "Commission." WITNESSETH: WHEREAS, the City of Lino Lakes has awarded to Qwest Broadband Services, Inc. a franchise for the operation of a cable communications system in the City; and WHEREAS, the City has required, as a condition of its award of a cable communications franchise, that it and the Commission be indemnified with respect to all claims and actions arising from the award of said franchise. NOW THEREFORE, in consideration of the foregoing promises and the mutual promises contained in this agreement and in consideration of entering into a cable television franchise agreement and other good and valuable consideration, receipt of which is hereby acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify, defend and hold harmless the City and the Commission, its officers, boards, commissions, employees and agents against any and all claims, suits, actions, liabilities and judgments for damages, cost or expense (including, but not limited to, court and appeal costs and reasonable attorneys' fees and disbursements assumed or incurred by the City in connection therewith) arising out of the actions of the City and Commission in granting a franchise to CenturyLink. This includes any claims by another franchised cable operator against the City that the terms and conditions of the CenturyLink franchise are less burdensome than another franchise granted by the City or that the CenturyLink Franchise does not satisfy the requirements of applicable federal, state, or local law(s). The indemnification provided for herein shall not extend or apply to any acts of the City or Commission constituting a violation or breach by the City or Commission of the contractual provisions of the franchise ordinance, unless such acts are the result of a change in applicable law, the order of a court or administrative agency, or are caused by the acts of CenturyLink. The City or Commission shall give CenturyLink reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by this agreement. The City and Commission shall cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the request of CenturyLink. The City and Commission may participate in the defense of a claim, but if CenturyLink provides a defense at CenturyLink's expense then CenturyLink shall not be liable for any attorneys' fees, expenses or other costs that City or Commission may incur if it chooses to participate in the defense of a claim, unless and until separate representation is required. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota Rules of Professional Conduct, between the City or the Commission and the counsel selected by CenturyLink to represent the City and/or the Commission, Century Link shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City or the Commission in defending itself with regard to any action, suit or proceeding indemnified by CenturyLink. Provided, however, that in the event that such separate representation is or becomes necessary, and City or the Commission desires to hire a counselor any other outside experts or consultants and desires CenturyLink to pay those expenses, then City and/or the Commission shall be required to obtain CenturyLink's consent to the engagement of such counsel, experts or consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the parties agree that the City or Commission may utilize at any time, at its own cost and expense, its own attorney or outside counsel with respect to any claim brought by another franchised cable operator as described in this agreement. The provisions of this agreement shall not be construed to constitute an amendment of the cable communications franchise ordinance or any portion thereof but shall be in addition to and independent of any other similar provisions contained in the cable communications franchise ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not be dependent or conditioned upon the validity of the cable communications franchise ordinance or the validity of any of the procedures or agreements involved in the award or acceptance of the franchise, but shall be and remain a binding obligation of the parties hereto even if the cable communications franchise ordinance or the grant of the franchise is declared null and void in a legal or administrative proceeding. It is the purpose of this agreement to provide maximum indemnification to the City and the Commission under the terms set out herein and, in the event of a dispute as to the meaning of this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to provide for the indemnification of the City and the Commission by CenturyLink. This agreement shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their successor's and assigns, if any. QWEST BROADBAND SERVICES, INC. Dated: , 2015 By: Its: 2 STATE OF LOUISIANA PARISH OF OUACHITA The foregoing instrument was acknowledged before me this day of 2015, by , the of Qwest Broadband Services, Inc., a Delaware Corporation, on behalf of the corporation. Department Head Responsible For Monitoring Contract Approved as to form: Assistant City Attorney NOTARY PUBLIC Print Name: Bar Roll #/Notary ID #: My Commission Expires: CITY OF LINO LAKES By Its: NORTH METRO TELECOMMUNICATIONS COMMISSION By: Its: 3 CITY OF LINO LAKES, MINNESOTA In Re: CenturyLink Cable Franchise FINDINGS OF FACT Application The City is one of seven member cities of the North Metro Telecommunications Commission (the "NMTC"). Following the submission of an application for a cable television franchise for each member city of the NMTC, the above -entitled matter initially came before the NMTC for a public hearing on February 18, 2015, at Spring Lake Park City Hall, located at 1301 81st Avenue N.E., Spring Lake Park, MN 55432. Said public hearing was held open through February 27, 2015, for the purpose of allowing additional written public comments. Following the public hearing, the NMTC's Executive Director prepared a detailed report entitled "Staff Report on CenturyLink Cable Franchise Application" (the "Staff Report"). The NMTC received and filed the Staff Report and directed NMTC staff to negotiate a cable television franchise with CenturyLink. The City, in furtherance of its obligations as a steward on behalf of consumers in the City, desires to promote competition in the delivery of cable services and to encourage the deployment of state-of-the-art broadband networks in the hope that true and effective competition between cable service providers will increase the availability and quality of cable services, spur the development of new technologies, improve customer service, minimize rate increases and generally benefit consumers of the City. The City also recognizes that any facilities based, second cable entrant is in a different position than the incumbent cable provider because the second entrant faces a significant, up front capital investment prior to having the opportunity to compete for its first customer. It is beneficial to attract and retain second entrants because of the investment made in the community and the creation of new jobs, as well as the benefits to consumers by having a cable service competitor in the City. Adoption of this Franchise is, in the judgment of the City Council, in the best interests of the City and its residents. Having held a public hearing (via the NMTC) on the cable franchise application and having reviewed the negotiated cable franchise with CenturyLink, the City now makes the following findings: FINDINGS OF FACT 1. The City has the authority to grant cable television franchises to cable service providers, pursuant to applicable law. See Minn. Stat. § 238.08, Subd. 1(a); and Cable Office Report, § 4. 2. In January, 2015, the NMTC published a Notice of Intent to Franchise once a week for two successive weeks in a newspaper of general circulation of the City. See Staff Report, § 1. 3. CenturyLink submitted a cable franchise application (the "Application") on February 12, 2015. See Staff Report, § 1. 4. The NMTC held a public hearing on the Application on February 18, 2015, and left the public hearing open until February 27, 2015, for the purpose of receiving additional written comments from the public. See Staff Report, Executive Summary and § 1. 5. Following the public hearing, the NMTC's Executive Director prepared a "Staff Report on CenturyLink Cable Franchise Application" (the "Staff Report) dated March 30, 2015. The Staff Report is incorporated herein by Reference. 2 6. The Staff Report was received and filed by the NMTC on or about April 15, 2015, and the NMTC directed NMTC staff to negotiate a cable television franchise with CenturyLink. 7. NMTC staff negotiated a cable television franchise with CenturyLink and presented it to the NMTC on October 21, 2015. 8. The NMTC adopted a Findings of Fact and Recommendation on October 21, 2015, which recommended approval of the negotiated cable television franchise with CenturyLink by each member city. 9. The City held a public hearing on the CenturyLink Cable Television Franchise Ordinance on , 2015. 10. The impact of competition and the challenges to a new cable operator, like CenturyLink, are identified in the Staff Report. See Staff Report, § 2. 11. The applicable federal, state and local legal cable franchising requirements, including the application requirements, are identified in the Staff Report. See Staff Report, §§ 5 - 8. 12. The Staff Report identified the issues raised by the public, including the incumbent franchised cable operator, Comcast. See Staff Report, § 9. 13. The NMTC has substantially complied with the state and local cable franchise application requirements identified in the Staff Report. 14. CenturyLink's application substantially complied with state and local cable franchise application requirements identified in the Staff Report. 15. In the cable television franchise, CenturyLink agrees it has constructed a legacy communications system throughout the City that is capable of providing 3 telephone and internet services. CenturyLink represents that it desires to upgrade its existing legacy communications system and to install certain new facilities and equipment in the City and intends to operate a cable communications system in the City. See Staff Report, Exhibits 2 and 3. 16. CenturyLink further represents that upon completion of its cable service headend, it will be capable of providing cable communications service to a portion of the City over its existing facilities, but currently has no market penetration in the cable communications service market in the City. See Staff Report, Exhibits 2 and 3. 17. The NMTC reviewed CenturyLink's franchise application, published a notice of intent to franchise and held a public hearing all in compliance with applicable law. See Staff Report, § 1. 18. Comcast of Minnesota, Inc. ("Comcast"), currently holds a non-exclusive franchise with the City, and, Comcast, through its predecessors in interest, has continuously held a franchise with the City since 1983. See Staff Report, § 3 19. CenturyLink will be the first facilities based franchised cable operator to compete against the incumbent provider in the City since the initial cable television franchise was granted in 1983. See Staff Report, § 3. 20. Section 621(a)(1) of the Cable Television Consumer Protection and Competition Act of 1992 was amended to provide that "...a franchising authority may not unreasonably refuse to award an additional competitive franchise." In support of its mandate, the Conference Report noted that "[W]ithout the presence of another multichannel video programming distributor, a cable system faces no local 4 competition. The result is undue market power for the cable operator as compared to that of consumers ...." See H.R. Conf. Rep. No. 102-862, at 1231 (1992); and 621 Order at ¶ 8. 21. In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 05-311 (Rel. March 5, 2007) (the "621 Order"), the FCC determined, based on Section 621(a)(1), that it is unlawful for a local franchising authority to refuse to grant a competitive franchise on the basis of unreasonable build -out mandates and that such mandates "can have the effect of granting de facto exclusive franchises, in direct contravention of Section 621(a)(1)'s prohibition of exclusive cable franchises." See 621 Order, at ¶ 40; see also, Staff Report, § 7(E). 22. According to the FCC, "[b]ecause a second provider realistically cannot count on acquiring a share of the market similar to the incumbent's share, the second entrant cannot justify a large initial deployment. Rather a new entrant must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding." See Staff Report, § 7(D). 23. In the 621 Order, the FCC found that "new cable competition reduced rates far more than competition from DBS [Direct Broadcast Satellite]. Specifically, the presence of a second cable operator in a market results in rates approximately 15 percent lower than in areas without competition." See also, Staff Report, § 2. 5 24. The FCC also found that "competition for delivery of bundled services will benefit consumers by driving down prices and improving the quality of service offerings." See Staff Report, § 2. 25. The FCC has concluded in the 621 Order that "broadband deployment and video entry are `inextricably linked' and that broadband deployment is not profitable without the ability to compete with the bundled services that cable companies provide." See 621 Order at ¶ 51; see also, Staff Report, §§ 2 and 7. 26. The City must, pursuant to the Federal Cable Act, "allow the applicant's cable system a reasonable period of time to become capable of providing service to all households in the franchise area." See Staff Report, § 7(A). 27. Minnesota Statutes, Chapter 238, among other things, requires a level playing field with the incumbent relating to area served (Minn. Stat. § 238.08, Subd. 1(b)) and a mandatory build out requirement within five years in initial cable franchises (Minn Stat. § 238.084 Subd. 1(m)(3)). See Staff Report, § 8(A) -(B), and 11(c). CenturyLink has demonstrated a good faith basis for its position that applicable federal law preempts these provisions of Chapter 238 because they constitute an unreasonable barrier to entry. See Staff Report, § 11(c), and Exhibit 3 at ¶¶ 18- 23. 28. CenturyLink claims the fact that these two provisions of the Minnesota Statutes constitute an unreasonable barrier to entry in the City is evidenced in part by the fact that there has been no facilities -based competitor since the initial cable communications franchise was granted. See Staff Report, Exhibit 3 at ¶¶ 18-23. CenturyLink has agreed to fully defend, indemnify and hold the City and the 6 NMTC harmless in the event this cable television franchise agreement is legally challenged. See Staff Report, § 11(c). 29. The cable television franchise ordinance is substantially similar to the Comcast cable television franchise, but also addresses a reasonable build-out of the City, and economic redlining. 30. The reasonable build-out provisions in the cable television franchise satisfy the state franchise requirement of requiring the cable system to be substantially complete within five (5) years and the federal franchise requirement of allowing a new cable service provider a reasonable period of time to become capable of providing cable service to all households in the franchise area. See Minn. Stat. § 238.084, Subd. 1(m); 47 U.S.C. § 541(a)(4)(A); and Staff Report, §§ 7(A), 7(D)- 7(E), 8(B), and 11(c). 31. The 5-year cable television franchise requires CenturyLink to initially construct its system to serve fifteen percent (15%) of the City over 2 years. CenturyLink is required to make its best efforts to complete its initial deployment in less than 2 years and is required to equitably serve households throughout the City, including a significant number of households below the minimum income of the City. Quarterly meetings will allow the City and the NMTC to monitor CenturyLink's progress and compliance with the cable franchise and, if CenturyLink has market success, the cable television franchise has provisions to accelerate the construction of the cable communications system with the goal being complete coverage of the City by the end of the franchise term. 7 32. The state's cable franchising level playing field statute is satisfied because the cable television franchise requires (1) CenturyLink to pay the same franchise fee as Comcast; (2) the same area of coverage as Comcast; and (3) similar, and in some instances greater, public educational and governmental access requirements. See Minn. Stat. § 238.08, subd. 1(b); Staff Report, §§ 7(G), 8(A), and 11(d). 33. CenturyLink submitted an application that included a design for a state-of-the-art cable system that is capable or reliably providing a panoply of cable services to subscribers as required by the NMTC's Competitive Franchising Policies and Procedures. See Staff Report, § 10(3)(b). 34. The City has considered the financial, technical, and legal qualifications of CenturyLink. See, e.g., Staff Report, § 10(3). 35. CenturyLink has the financial, technical, and legal qualifications to operate a cable communication system in the City. 36. A CenturyLink cable television franchise will provide a meaningful, distinct alternative to existing multichannel video programming distributors (including existing cable, direct broadcast satellite and other companies), will result in greater consumer choice, is in the public interest for economic development in the City. See Staff Report, Exhibits 2 and 3. CenturyLink has also promised to provide additional enhancements to PEG offerings to the City. For example, it has agreed in the franchise to provide every PEG channel in HD and to allow the City to share live programming with other cities in the Twin Cities by providing a Twin Cities Metro PEG Interconnect Network. 8 37. Consumers and residents of the City will also benefit from CenturyLink's competitive presence because it will drive broader deployment of higher broadband speeds. See Staff Report, Exhibits 2 and 3 38. CenturyLink has agreed to an initial deployment area, and it will serve additional areas based upon its market success, as defined in the franchise agreement, which the FCC has deemed to be a reasonable deployment model. See Staff Report, § 7(E)(b). 39. The City and its citizens will benefit from facilities based competition in the cable television market. See Staff Report, § 2. 40. All prior actions of the NMTC related to the CenturyLink Cable Franchise Application are hereby ratified and approved. Therefore, based on the foregoing, the City Council has determined that it is in the best interests of the City and its residents to enter in to a cable television franchise ordinance/agreement with CenturyLink, in the form negotiated by the NMTC and that these Findings of Fact be incorporated therewith. 9 CITY OF LINO LAKES RESOLUTION NO. 15-151 RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 13-15 FOR PUBLICATION WHEREAS, the City Council has approved the first and second reading of Ordinance No. 13- 15, granting a cable television franchise to Qwest Broadband Services, Inc., D/B/A CenturyLink, for the construction, operation, and maintenance of a cable system in the City of Lino Lakes; and WHEREAS, Ordinance No. 13-15 is lengthy and MN Statute 412.191 provides for a city to publish a summary of an ordinance, and WHEREAS, the City Council determines that the summary clearly informs the public of the intent and effect of the ordinance, and WHEREAS, publication in the City's official newspaper will include a notice that a full printed copy of the ordinance is available at City Hall. NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Lino Lakes approves the summary in Attachment A for publication according to state law and the City Charter. Adopted by the Council of the Lino Lakes this 28th day of December 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julie Bartell, City Clerk Whereupon said resolution was declared duly passed and adopted. ATTACHMENT A CITY OF LINO LAKES SUMMARY OF ORDINANCE NO. 13-15 AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF LINO LAKES, MINNESOTA, FOR THE PURPOSE OF PROVIDING CABLE SERVICE; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY'S RIGHT-OF-WAY ORDINANCE, IF ANY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Lino Lakes, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE Qwest Broadband Services, Inc., d/b/a CenturyLink ("Grantee"), applied for a cable franchise to serve the City. The City will adopt separate findings related to the application and the decision to grant a cable franchise to Grantee, which shall be incorporated herewith by reference. The City intends, by the adoption of this Franchise, to bring about competition in the delivery of cable services in the City. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. Effective Date of Ordinance. This ordinance shall be effective 30 days after its publication. The specific terms and conditions of the Franchise Ordinance, Sections 1 to 14, and Exhibits are available for review at City Hall, 600 Town Center Parkway, Lino Lakes, MN. CITY COUNCIL AGENDA ITEM 3B STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: December 28, 2015 TOPIC: Consider 2nd Reading and Adoption of Ordinance No. 14-15, Regulating Joint Powers Agreements VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a second reading of Ordinance No. 14-15, adding Chapter 215 to the City Code, which regulates Joint Powers Agreements. BACKGROUND Joint powers agreements are usually limited in scope and duration and do not result in creation of a joint powers entity. However, when a joint powers board is established and there is a requirement for ongoing financial contributions from the City, it is not appropriate for the City to be held to a governing position that is disproportionate to the amount of support provided. By adding Chapter 215 to the Lino Lakes Code of Ordinances, language is in place that ensures that the City will not participate in a joint powers agreement unless voting powers on a governing board are proportional to the City's financial obligations relative to the other board members. RECOMMENDATION Consideration of 2nd reading of Ordinance No. 14-15 with following actions: (1) dispense with the full reading of the ordinance; and (2) a roll call vote for adoption of the ordinance. ATTACHMENTS Ordinance No. 14-15 1st Reading: Publication: 2nd Reading: Effective: CITY OF LINO LAKES ORDINANCE NO. 14-15 ORDINANCE REGULATING JOINT POWERS AGREEMENTS The City Council of Lino Lakes ordains: Section 1. Chapter 215 of the City Code is hereby adopted as follows: CHAPTER 215 — JOINT POWERS AGREEMENTS Section 215.01 Intent 215.02 Joint Powers Agreements § 215.01 INTENT. It is often in the City's interest to enter into agreements with one or more other governmental units in order to undertake projects, provide services or otherwise exercise powers in a manner that is more efficient and cost effective than if the City acted alone. Such agreements are usually limited in scope and duration and do not create a separate joint powers entity. In those instances, however, where the joint powers agreement both creates a joint powers board and requires ongoing financial contributions from the City, there is a potential for the City's financial obligations to be disproportionate to the amount of control the City may exercise on the board. Particularly in the area of public safety, such a disparity between funding and control may not be in the City's best interests. Section 215.02 is intended to prevent such disparities in certain joint powers agreements. § 215.02 JOINT POWERS AGREEMENTS. The City shall not approve a joint powers agreement that (1) provides public safety services (police or fire); (2) creates a joint powers board; and (3) requires financial contributions from the City, unless the City's voting power on the joint powers board relative to the other board members is proportional to the City financial obligations relative to the other board members. Section 2. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this 28th day of December, 2015. The motion for the adoption of the foregoing ordinance was introduced by Council Member and was duly seconded by Council Member and upon vote being taken, the following voted in favor: And the following voted against: ATTEST: Julianne Bartell, City Clerk 2 Jeff Reinert, Mayor CITY COUNCIL AGENDA ITEM 4A STAFF ORIGINATOR: John Swenson, Public Safety Director MEETING DATE: December 28, 2015 TOPIC: Consider Resolution No. 15-153, Approving Change Order No. 2 Fire Station No. 2 Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting council action to approve Change Order No. 2 of the Fire Station No. 2 Project. BACKGROUND There are a handful of items in this change order including added costs as well as credit items. The details of these revisions can be found in the attached CNH Memorandum. The current Fire Station No. 2 Project contact amount, including Change Order No. 1 was $3,889,827.00. With the approval of Change Order No. 2, the new contract amount will be $3,904,042.00. The project contingency can accommodate this change order. Quinn Hutson, CNH Architects, will be in attendance at the council meeting to answer any questions. RECOMMENDATION Approve Resolution No. 15-153, Approving Change Order No. 2 for the Lino Lakes Fire Station No. 2 Project in the amount of $14,215.00 to Jorgenson Construction. ATTACHMENTS CNH Memorandum — Recommendation to Council Change Order No. 2 Resolution 15-153 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 MEMORANDUM: PROJECT: CNH NO: DATE: TO: SUBJECT: Lino Lakes Fire Station 14045 December 23, 2015 City of Lino Lakes - Mayor and City Council Change Order #02 Review 027 The following is a summary of the items being submitted as Change Order #02 for the Lino Lakes Fire Station. Background: There are a handful of minor items are included in this change order including added cost as well as credit items. These items are a broad mix of small revisions that provide added value to the fire station project or address unknown conditions that have come up during the last six months of the construction process. Altogether this Change Order #2 represents less than 0.4% increase to the project cost, an extremely low amount. The total project cost changes when combined with Change Order #1 result in less than 1.5% of the construction cost which is way under the typical 5% construction contingency provided for new construction projects. Scope of Changes: The main changes are incorporated in the attached Proposal Request #02 and are summarized by the following bullet points: • Soil corrections for soft soil area in the middle section of the internal road and miscellaneous very minor wetland and utility changes. • Miscellaneous electrical changes to address different equipment or audio/visual needs that were determined during the construction process. • Upgrade of a couple plumbing and general construction elements to provide long term maintenance cost reductions. Pricing: The following revised pricing is the result of significant review and negotiation by CNH Architects and our Engineers as well as input from City Staff. The prices shown below fall well within unit pricing amounts appropriate for the work shown. Site and landscape changes (PR6, PR8, PR10, PRl 1 and GCPR4) Electrical and audio/visual changes (PR4, PR7R, PR13R, and PR 14) Plumbing and general building maintenance upgrades (GCPR1, PR9, PR12 and GCPR5) Change Order #02 Totals P:\PROJECTS\2014\14045\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER #02 RECOMMENDATION TO COUNCIL.DOCX $7,220 $4,946 $2,049 $14,215 Conclusion: The items in this Change Order represent the soil corrections that were noted as possibly being needed when last meeting with City Council and the typical little items that come up during the construction process resulting in a fire station facility that will meet the needs of the fire department and minimize operational maintenance costs for the City of Lino Lakes. These final cost adjustments result in a very low change order amount, far under the budget of 5% of construction cost. As noted above CNH Architects, our team, and staff have worked with the General Contract until we have reached the pricing shown above which we are comfortable as being appropriate for the work involved. CNH Architects recommends approval of this Change Order to meet the needs of the facility and site. I will be at the City Council Meeting to answer any questions you may have regarding this Change Order request. Respectfully Submitted, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. P:\PROJECTS\2014\14045\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS \CHANGE ORDER #02 RECOMMENDATION TO COUNCIL.DOCX !tAIA Document G701TM- 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 002 Lino Lakes Fire Station 1710 Birch Street Lino Lakes, MN 55038 TO CONTRACTOR (Name and address): Jorgenson Construction Inc. 9255 East River Road NW Suite A Coon Rapids, MN 55433 DATE: December 22, 2015 ARCHITECT'S PROJECT NUMBER: 14045 CONTRACT DATE: February 24, 2015 CONTRACT FOR: General Construction OWNER: ❑ ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) GCPR 1 HM door changes. PR#4 Classroom 107 power and data revisions. PR#6 GCPR3 East-West road subgrade correction. PR#7R PR#8 PR#9 PR#10 PR#11 PR#12 GCPR4 GCPR5 PR#13R1 PR# 14 Apparatus Bays and Dispatch/Staging receptacles. Grading and utility revisions in wetland mitigation. Integral sink in SCBA 109. West foundation shrub planting. Northwest corner seeding area. Roof penetration at Hotsy vent. Catch basins 1 & 2 cutting. Substitute roof mechanical screen manufacturer. Exhaust fan VEF-1 controls. Receptacle for gear washer soap dispenser. TOTAL $3,293.00 $1,425.00 $2,530.00 $1,843.00 $0.00 $414.00 $2,468.00 $1,331.00 $220.00 $891.00 ($1,878.00) $1,425.00 $253.00 $14,215.00 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is December 4, 2015. $ 3,847,100.00 $ 42,727.00 $ 3,889,827.00 $ 14,215.00 $ 3,904,042.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CNH Architects, Inc. ARCHITECT (Firm name) 7300 West 147th Street, Suite 504, Apple Valley, MN 55124 ADD BYfSignature) Quinn Hutson Jorgenson Construction Inc. CONTRACTOR (Firm name) 9255 East River Road NW, Suite A, Coon Rapids, MN 55433 ADDRESS BY (Signature) Dwayne Kanne City of Lino Lakes OWNER (Firm name) 600 Town Center Pkwy., Lino Lakes, MN 55014-1182 ADDRESS BY (Signature) (Typed name) (Typed name) (Typed name) I° / 3f16 DATE DATE DATE AIA Document G701 TM - 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:40:45 on 12/23/2015 under Order No.3095413000_1 which expires on 01/17/2016, and is not for resale. User Notes: (1769552232) CITY OF LINO LAKES RESOLUTION NO. 15-153 APPROVING CHANGE ORDER NO. 2 FIRE STATION NO. 2 PROJECT WHEREAS, pursuant to Resolution No. 15-20 of the City Council, adopted February 23, 2015, a contract for the construction of Fire Station No. 2 was awarded to Jorgenson Construction; and WHEREAS, modifications to the site and building plans require a modification to the contract amount; and WHEREAS, a complete summary of costs are detailed in Change Order No. 2; NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that Change Order No. 2 is approved in the amount of $14,215.00. Adopted by the Council of the City of Lino Lakes this 28th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk CITY COUNCIL AGENDA ITEM 4B STAFF ORIGINATOR: Public Safety Director John Swenson MEETING DATE: December 28, 2015 TOPIC: Hire Paid On -Call Firefighter VOTE REQUIRED: 3/5 INTRODUCTION The Lino Lakes Public Safety Department is requesting council approval to hire a paid on-call firefighter. BACKGROUND As directed by Council Resolution 14-50 staff is integrating fire operations into the Public Safety Deparinnent. Staff has been engaged in a fire recruiting and hiring process for paid on- call firefighter candidates as part of the integration process. The hiring process has been extensive including an interview process, background investigation, medical examinations, and drug screen. This process has identified candidates that will continue the Public Safety Department's proud tradition of delivering high quality services to the Lino Lakes Community. RECOMMENDATION Staff recommends the Council approve the hiring of Westley Thole for the position of paid on-call firefighter effective January 1, 2016. ATTACHMENTS None AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: December 28, 2015 TOPIC: Consider Resolution No. 15-152, Approving Plans and Specifications and Authorizing Advertisement for Bids, Water Tower #1 Reconditioning Project VOTE REQUIRED: Simple Majority BACKGROUND: City Staff is requesting City Council approval of plans and specifications for the reconditioning of Water Tower #1, located at 7470 4th Avenue. KLM Engineering has prepared the necessary documents for this work and we are requesting City Council approval to advertise for bids. I have enclosed a copy of the Project Manual that outlines and details the work to be performed. Funding for this project is from the Water Operating Fund. The schedule for this project is as follows: City Council Authorizes Plans and Specifications City Council Approves Plans and Specifications City Council Authorizes Ad for Bids Open Bids City Council Awards Contract Substantial Completion November 23, 2015 December 28, 2015 December 28, 2015 February 4, 2016 February 8, 2016 June 30, 2016 A representative of KLM Engineering will be present at the December 28, 2015 City Council meeting to address any questions. RECOMMENDATION: Approve Resolution No. 15-152, Approving Plans and Specifications and Authorizing Advertisement for Bids, Water Tower #1 Reconditioning Project ATTACHMENTS: Resolution No. 15-152 Project Manual CITY OF LINO LAKES RESOLUTION NO. 15-152 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS — WATER TOWER #1 RECONDITIONING PROJECT WHEREAS, KLM Engineering has prepared plans and specifications for the Water Tower #1 Reconditioning Project for the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be received by the Clerk, at which time they will be publicly opened in the City Hall by the City Clerk and Public Services Director, will then be tabulated, and will be considered by the Council, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for five (5) percent of the amount of such bid. Adopted by the Lino Lakes City Council this 28th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk Project Manual For Repainting of Elevated Water Tank No. 1 Prepared for: City of Lino Lakes, Minnesota Engin ening frac. Stantec February 2016 Stantec Project No. 193803415 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 00 01 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 31 00 Available Project Information 00 41 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 00 61 13.13 Performance Bond Form 00 61 13.16 Payment Bond Form 00 72 05 EJCDC C-700 Std. General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 10 00 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 78 23 Operation and Maintenance Manuals 01 78 36 Warranties 01 92 00 Facility Operation Division 02 to 08 - Not Used Division 09 - Finishes 09 91 55 Water Tower Repainting Division 10 to 19 - Not Used FACILITY SERVICES SUBGROUP Division 20 to 26 - Not Used Division 27 to 29 - Not Used TABLE OF CONTENTS © 2015 Stantec 1 193803415 00 01 10 - 1 SITE AND INFRASTRUCTURE SUBGROUP Division 30 - Not Used Division 31 - Earthwork 31 23 00 Excavation and Fill 31 23 13 Subgrade Preparation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 32 12 01 Flexible Paving for Municipal 32 92 00 Turf and Grasses Division 33 - UTILITIES 33 01 16 Steel Water Reservoir Repairs Division 34 to 39 - Not Used PROCESS EQUIPMENT SUBGROUP Division 40 to 49 - Not Used Figures Figure 1 - not available Figure 2 Figure 3 END OF SECTION TABLE OF CONTENTS © 2015 Stantec 1 193803415 00 01 10 - 2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Kurt B. Johnson, P.E. Date: January 1, 2016 Reg. No. 13860 I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Mark R. Rolfs, P.E. Date: January 1, 2016 Reg. No. Mike FitzPatrick, P.E. Date: January 1, 2016 Reg. No. 51544 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2015 Stantec 1 193803415 00 01 05 - 1 This Page Left Blank Intentionally SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Lino Lakes, Minnesota, in the City Hall at 600 Town Center Parkway, Lino Lakes, MN 55014, until 10 A.M., CDT, Wednesday, February 3, 2016, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Repainting Elevated Tank 6 The Work consists of the furnishing of all materials and labor for the Repainting of Elevated Water Storage Tank No. 1, but not limited to the following items: • The preparation and sandblasting of a 1.0 Million Gallon fluted column elevated steel water tank, including all interior and exterior wet and dry surfaces, ladders, and other similar amenities. • The containment of tank during sandblasting and painting operations. • The disposal and cleanup all abrasives, paint chips and construction debris • The repainting of all surfaces described in the first bulleted item. • The painting of two City logos on the vertical sidewalls at the top of the tank. • Site work, including roadway excavation and grading, granular base and bituminous pavement. • Tree removal and disposal. • Coordination of the Work with cellular antenna, cabling, and related facilities. Complete digital Bidding Documents are available at www.cluestcdn.com for $20 by inputting QuestCDN eBidDoc #4076120 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of Lino Lakes and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to the Engineer's Project Manager, Kurt Johnson, at (651) 967-461 1. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award a Contract in the best interests of the Owner. The City Council will consider award of a Contract at its regular meeting to be held on Monday, February 8, 2016 in the City Council Chambers at 600 Town Center Parkway, Lino Lakes, MN 55014. Jeff Karlson City Administrator City of Lino Lakes, Minnesota Published once in the Quad Community Press - Week of January 10, 2016 Published once in Finance and Commerce - Week of January 10, 2016 ADVERTISEMENT FOR BIDS © 2015 Stantec 1 193803415 00 1 1 13 - 1 This Page Left Blank Intentionally SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder - The individual or entity who submits a Bid directly to Owner. B. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. C. Successful Bidder - The lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. ARTICLE 2- COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office identified in the Advertisement for Bids. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work, and do not confer a license or grant for any other use. ARTICLE 3- QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the work, each Bidder must be prepared to submit within 5 days of Owner's request written evidence of financial data; previous experience, present commitments, and such other data as may be called for below in lieu of the qualifications that must be accompanied with the Bid Form: 3.02 Evidence of Bidder's qualification to do business in the State where the Project is located or covenant to obtain such qualification prior to award of Contract. 3.03 Evidence of genuineness of Bid and lack of collusion in conjunction therewith. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at, or contiguous to, the Site that Engineer has used in preparing the Bidding Documents. 2. Those Drawings of physical conditions in, or relating to, existing surface and subsurface structures at, or contiguous to, the Site (except underground facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing underground facilities at, or contiguous to, the Site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, underground facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings, Specifications, or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except underground facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price Bid and within the times, and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 3 I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated, or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no Pre -Bid Conference. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing faculties are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of the Bidder's maximum Bid Price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents, and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 4 the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the 7th day after the effective date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the effective date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the effective date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 5 such acceptance after the effective date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number for the state of the Project, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each item of work listed in the Bid Form. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 6 B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each Bid Item and the Bid Unit Price Bid for the Bid Item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 7 ARTICLE 19 - AWARD OF CONTRACT 19.01 If the Contract is awarded, award shall be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid, as modified by any Bid Items the Owner wishes to accept or decline. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non -responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of, or relate to, such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 8 thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to Successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803415 00 21 13 - 9 This Page Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report prepared by KLM Engineering, Inc. entitled "Elevated Water Tank Inspection Report — 1,000,000 Gallon Capacity Tower Number 1, City of Lino Lakes, Minnesota." PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2015 Stantecl 193803415 00 31 00 - 1 This Page Left Blank Intentionally ELEVATED WATER TANK INSPECTION REPORT MAY 2014 1,000,000 GALLON CAPACITY TOWER NUMBER 1 CITY OF LINO LAKES, MINNESOTA KLM PROJECT MN 3192 Years of Quality Service Engineering Inc. P.O. Box 897 3394 Lake Elmo Ave. N. Lake Elmo, MN 55042 (651) 773-5111 Fax (651) 773-5222 2 TABLE OF CONTENTS 1.0 PROJECT INFORMATION 3 2.0 EXECUTIVE SUMMARIES 4 2.1 Structural Examination Summary 4 2.2 Coating Evaluation Summary 4 2.3 Repair and Reconditioning Cost Estimate 5 2.4 Remaining Tank Life 5 3.0 RECOMMENDATIONS 6 3.1 Interior Wet Structural 6 3.2 Interior Wet Coating 7 3.3 Cathodic Protection System (C. P.) 8 3.4 Interior Dry Structural 8 3.5 Interior Dry Coating 8 3.6 Exterior Structural 9 3.7 Exterior Dry Coating 9 3.8 Site And Environmental Considerations 10 3.9 Telecommunications Considerations 10 4.0 INSPECTION AND EVALUATION METHODS 11 4.1 Methods 11 4.2 Examination and Evaluation Techniques 12 5.0 ENGINEER'S COST ESTIMATES 14 Appendix A: Photographs Appendix B: Drawings Appendix C: Surface Preparation Requirements Appendix D: Paint Chip Lead and Chromium Test Results I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the state of Minnesota. Matt Erickson, P.E. License No. 42727 Date: June 26, 2013 3 1.0 PROJECT INFORMATION KLM Project No.: MN 3192 Customer P. O. Number: Customer: City of Lino Lakes, MN Phone: 651-982-2400 Street/City/State/Zip: 600 Town Center Parkway, Lino Lakes, MN 55014 Customer Contact: Tim Hillesheim Operations Superintendent Tank Owner: City of Lino Lakes, MN Phone: (651) 982-2452 Tank Owner Contact: Tim Hillesheim Operations Superintendent Owner's Tank Designation: Tower Number One Tank Description: Hydropillar Tank Street Location: 4th Ave. & Apollo Dr. Lino Lakes, MN Purpose of Inspection: Tank examination and interior & exterior coating evaluation Date of Inspection: May 8, 2014 Inspected By: David Montgomery and Devin Severson Type of Inspection: KLM Standard Floatdown Inspection Procedures Manufacturer: PDM Construction Date: 1992 Serial No.: 51234 Design Code: AWWA D-100-84 Capacity: 1,000,000 Gallons Type of Construction: Welded Tank Diameter: Approximately 74 -Feet Height: Overall Approximately 158 -feet Height to: HWL 148 -feet LWL 112 -feet Type of Access to Tank Interior: Manway on roof Tank Construction Drawings: None Available Previous Inspection Records: No Known Inspection Data Available EXISTING COATING INFORMATION Date Last Coated Full or Spot Repair Coating Contractor Surface Preparation Paint System Paint Manufacturer Lab Lead Test Paint Chips INTERIOR WET 1992 Complete/New Unknown SSPC-SP 10 Epoxy Unknown Yes INTERIOR DRY 1992 Complete/New Unknown SSPC-SP 6 Epoxy Unknown Yes EXTERIOR 1992 Complete/New Unknown SSPC-SP 6 Epoxy/Urethane Unknown Yes 4 2.0 EXECUTIVE SUMMARIES 2.1 Structural Examination Summary Based on the inspection data, it appears that some miscellaneous structural modifications and repairs are required. These modifications and repairs serve to bring the tank into compliance with OSHA regulations, AWWA standards, as well as allow for better coating bonding, allow for safer access in and on the tank and, in some cases, removing unnecessary items. 2.2 Coating Evaluation Summary 2.2.1 Lead and Chromium Content Analysis The total lead and chromium content of the interior and exterior coatings was analyzed. The results in Appendix D show lead content below the reporting limits for the testing (<RL) for each of the coatings - interior wet, interior dry, and exterior coating. Current State regulations classify none of the interior nor the exterior coatings as lead-based paint. Removal of lead based paint must be performed in accordance with applicable local, state and Federal regulations. Chromium levels in the test samples indicate levels from below the reporting limits of the testing (<RL) to 0.084 percent chromium. These chromium levels are not high enough to be a concern in the waste streams generated during reconditioning. 2.2.2 Interior Wet Coating The tower was built and the interior wet area was last coated in 1992 and is now 22 years old. The interior wet coating above the high water line (HWL) is in fair to poor condition, with failures occurring at unwelded seams and rust streaking emanating from areas inaccessible to coating. The coating below the HWL is in fair condition with failures occurring at random locations primarily on the cone section. The coating failures are occurring primarily due to age and general deterioration. The poor substrate condition under the coating along with the age of the coating means that the coating is not repairable. The tank will require a complete new interior coating within three to five years. See photos in Appendix A. 2.2.3 Interior Dry Coating The tower was built and the interior dry area was last coated in 1992. The interior dry coating is in good to excellent condition, with coating failures limited to areas susceptible to condensation or standing water, such as the drywell tube, bowl, the stiffener girder floors, and in the valve pit. These areas should be repaired in conjunction with interior wet coating replacement. The remainder of the coating is in excellent condition and requires no repairs. See photos in Appendix A. 5 2.2.4 Exterior Dry Coating The tower was built and the exterior, with the exception of the roof, was last coated in 1992. According to the owner's records, the coating on the roof was completely replaced in 2012. The exterior coating appears in good to excellent condition, with less than two percent overall coating failures with these failures randomly located. While the coating is now 22 years old and has achieved its intended service life, its condition indicates that it has the ability to provide adequate corrosion protection for an additional five to seven years. However, to facilitate interior coating replacement and structural modifications, spot coating repairs will be required in conjunction with the interior coating replacement. The remainder of the tower should be reinspected and reevaluated in three to five years to determine when exterior coating replacement will be required. See photos in Appendix A. 2.3 Repair and Reconditioning Cost Estimate The costs for structural repairs, replacing the interior wet coating, and repairing the interior dry and exterior coatings are estimated at $405,900.00. This estimate is based on current pricing. For up-to-date competitive bids the project should be bid 9 to 12 months before the scheduled starting date. An experienced tank -coating contractor with the proper crew and equipment should be able to complete the project in eight (8) weeks. At the time of reconditioning, the tower will need to be drained and remain off-line during interior structural modifications, abrasive blasting and painting. 2.4 Remaining Tank Life Based on the inspection data, if the recommended structural repairs and coating replacement are completed within the next 2 to 3 years, the tank will be satisfactory for continued service provided that it is inspected and maintained regularly. The tank and coating should first be inspected within the warranty period and every three to five years thereafter. New interior and exterior coatings, if applied and maintained properly, should last at least 20 years. 6 3.0 RECOMMENDATIONS The photographs referred to in this section are in Appendix A. All drawings are found in Appendix B. The surface preparation requirements for all repairs as well as the requirements for welding are described in Appendix C. The exterior and interior paint chip lead tests are in Appendix D. Based on an evaluation of the inspection data, the recommendations are: 3.1 Interior Wet Structural 3.1.1 Seal weld the interiors of the following joints: a. between the roof plate and the 30 -inch diameter access manway; b. between the roof plate and the 24 -inch diameter ventilation manway; c. between the roof and the 48 -inch diameter drywell tube; d. the inside of the dollar plate butt joints, and; e. the overlapped dollar plate to roof plate seam. These welds will prevent rust streaking and corrosion in areas inaccessible to paint. See photos 2 through 8. 3.1.2 Remove the four painters' rigging pipe couplings in the roof and install cover plates over the resultant holes, seal welded on both the interior and exterior. See photo 6. 3.1.3 Seal weld all bolted roof -framing connections at the center compression ring with 1/4 -inch fillet weld. After welding, remove all nuts and bolts. This will conform to AWWA D100-11. See photos 2, 7 and 8. 3.1.4 Seal weld all unwelded connections of the 42 roof rafters to the shell rim angle. The corrosion that is coming from these connections on the have incomplete welds. Sealing weld these seams will prevent rust streaking and corrosion and will conform to AWWA D100-11. See photos 11 and 12. 3.1.5 There is an annular space between the shell rim angle and roof plate which is very difficult to abrasive blast and paint, leading to the corrosion and rust streaking shown in photos 11 and 12. Caulk this annular space with urethane caulk after painting to eliminate corrosion and rust bleeding. 3.1.6 Install two (2) interior painter's rails to improve rigging for the roof and shell areas of the tower. Install one painters' rail on the roof near the tower shell, and one at an intermediate location. See photos 8 through 12 and KLM Drawing No. 36. 7 3.1.7 Remove all erection bracket scab marks below the HWL by air arc gouging, cutting torch, or grinding. Repair the tank surface by welding and grinding. This will comply with AWWA D100-11. This work will require approximately 50 man-hours. 3.1.8 Grind off all weld spatter and other surface defects below the HWL. This will comply with AWWA D100-11. This work will require approximately 15 man-hours. 3.1.9 Remove the abandoned C. P. system support brackets from the interior. See photo 21. 3 1.10 Replace the gasket on the 24 -inch diameter round bowl manway. See photo 23. 3 1.11 Cathodic Protection (see 3.3). 3.2 Interior Wet Coating 3.2.1 The tower was built and the interior wet area was last coated in 1992 and is now 22 years old. The interior wet coating above the high water line (HWL) is in fair to poor condition, with failures occurring at unwelded seams and rust streaking emanating from areas inaccessible to coating. The coating below the HWL is in fair condition with failures occurring at random locations primarily on the cone section. The coating failures are occurring primarily due to age and general deterioration. The poor substrate condition under the coating along with the age of the coating means that the coating is not repairable. The tank will require a complete new interior coating within three to five years. See photos 2 through 24. 3.2.2 After structural repairs are completed, all the reservoir surfaces should be abrasive blasted to an SSPC-SP-10 Near White Metal Blast and coated with a light-colored zinc/polyamide epoxy system (similar to the Tnemec Series 91-H20 Hydro-Zinc/Series N140 Pota-Pox Plus Epoxy coatings). 3.2.3 Widespread staining is occurring on the submerged areas of the interior (those areas below the normal high water level). After a new coating system is applied, the City of Lino Lakes should consider periodic cleaning of the tank surfaces with approved cleaning agents and methods in conjunction with scheduled inspections and evaluations. KLM can provide recommendations on cleaning methods and assistance with the cleaning upon request. See photos 12 through 21. 8 3.3 Cathodic Protection System (C. P.) 3.3.1 There are remnants of a submerged C. P. system which at some point has been removed. See photo 21. While most of the components have been removed, some remain and should be removed in conjunction with the next reconditioning. While C. P. is considered an inexpensive form of interior corrosion protection, it is not be required if the coating is applied and maintained properly. 3.4 Interior Dry Structural 3.4.1 Remove and replace the inoperable pipe -style ladder safety climb device on the ladder in the drywell tube with a new OSHA compliant cable - style ladder safety climb device, which accept more universally available grabs. See photos 25 through 27 and KLM Drawing No. 21. Similarly, install a cable -style ladder safety climb device on the ladder to the bowl manway. See photo 33. The owner may wish to consider installing safety climb devices on each of the other ladders in the pedestal as well, although this is not included in the Engineer's Cost Estimate. 3.4.2 Install ports in the center of the drywell tube floor and the condensate ceiling, to facilitate containment during the next reconditioning. See photos 28, 29 and 36 and KLM Drawing No. 52. 3.4.3 Install a new 24 -inch diameter, pressure style manway in the upper bowl. This will improve the ventilation during reconditioning and bring the tank into compliance with OSHA Confined Space Entry requirements. This manway should include a ladder from the top platform to the bowl for safe access. See KLM Drawing No. 26. 3.4.4 Additional structural items are included in Section 3.9, Telecommunications Considerations, as they relate to the telecommunications installations on the tower. 3.5 Interior Dry Coating 3.5.1 The tower was built and the interior dry area was last coated in 1992. The interior dry coating is in good to excellent condition, with coating failures limited to areas susceptible to condensation or standing water, such as the drywell tube, bowl, the platform floors, and the piping in the valve pit. These areas should be repaired in conjunction with interior wet coating replacement. The remainder of the coating is in excellent condition and requires no repairs. See photos 25 through 40. 9 3.5.2 The coatings in the drywell tube, on the bowl exterior, the top 2 -feet of the fluted support column, the catwalk floor, the top side of condensate ceiling, the valve pit piping, and random coating failures should be abrasive blast to an SSPC-SP 6 Commercial Blast Clean within one to two years and replaced with a zinc/epoxy coating system similar to the Tnemec Series 91-H20 Hydro-Zinc/Tnemec Series N140 Pota-Pox Plus. 3.6 Exterior Structural 3.6.1 The existing roof vent appears to provide inadequate ventilation as it has only a partially open screening area. Replace the tank vent/finial with a 24 -inch diameter frost -free pressure pallet vent with a removable top, similar to the one shown on KLM Drawing No. 37. See photos 41 and 42. The new vent and vent screen design should meet AWWA D100-11 and local Health Department Regulations. The removable top will improve ventilation, provide access to the tank interior during reconditioning, and aid in compliance with OSHA Confined Space Entry Requirements. 3.6.2 Install three (3), 24 -inch diameter round, hinged cover, roof ventilation manways; two located near the roof edge approximately 180 -degrees from each other and one adjacent to the new intermediate painters' rail. These will provide additional ventilation during the interior surface preparation and coating, access to the painters' rail, and aid in compliance with OSHA Confined Space Entry requirements. See KLM Drawing No. 25. 3.6.3 Additional structural items are included in Section 3.9, Telecommunications Considerations, as they relate to the telecommunications installations on the tower. 3.7 Exterior Dry Coating 3.7.1 The tower was built and the exterior, with the exception of the roof, was last coated in 1992. According to the owner's records, the coating on the roof was completely replaced in 2012. The exterior coating appears in good to excellent condition, with less than two percent overall coating failures with these failures randomly located. While the coating is now 22 years old and has achieved its intended service life, its condition indicates that it has the ability to provide adequate corrosion protection for an additional five to seven years. However, to facilitate interior coating replacement and structural modifications, spot coating repairs will be required in conjunction with the interior coating replacement. The remainder of the tower should be reinspected and reevaluated in three to five years to determine when exterior coating replacement will be required. See photos 41 through 50. 10 3.8 Site And Environmental Considerations 3.8.1 There are no site or environmental considerations to report at this time. When the coating on the exterior of the tower is completely replaced, full containment will be required. 3.9 Telecommunications Considerations 3.9.1 The tower has some telecommunications equipment, including antennas, coaxial cables, support brackets and other miscellaneous equipment. The Owner is advised to maintain accurate records of each of the antenna sites on the tower, including As -Built Drawings, site manager and owner contact information, upgrades performed, and future plans for antenna installations or upgrades. These records will help facilitate the future reconditioning with a minimal amount of effort on the Owner's part. 3.9.2 Working around and protecting the telecommunications equipment, including antennas, coaxial cables, support brackets, and other miscellaneous equipment during future reconditioning will incur additional costs. The antenna owner(s) should be responsible for these expenses under clause(s) in the antenna lease agreements. These costs are not included in the Engineer's Cost Estimate, as they vary considerably from tower to tower. 3.9.3 Prior to reconditioning, in accordance with the lease requirements of each antenna owner, the City of Lino Lakes should notify the telecommunications owners or manager of the work to be performed. The City should also determine whether: a) the antenna owners will pay the additional costs to work around and protect the antennas; b) the antenna owners will temporarily remove their antennas and associated equipment to facilitate reconditioning; or c) the City of Lino Lakes will have to pay for these costs themselves. 3.9.4 In the drywell tube, one cluster of cables is routed along and attached to the ladder side rail, and one cluster of cables is attached with stud welded stand-off brackets. See photos 25 and 26. Replace the stud welded brackets with brackets similar to those shown in KLM Drawing No. 42. All cables should be rerouted to the new brackets upon reinstallation, once reconditioning work is completed. 3.9.5 The antenna support frames on the roof are attached by stud welding. There are also unused antenna mast pipes near the handrail. See photos 43 through 46. Seal weld the antenna framing to the roof, and remove the antenna panels from the handrail and reattach them to the existing mast pipes. 11 3.9.6 Prior to reconditioning, KLM recommends an assessment be performed on the telecommunications installations to determine or verify the following: a) the owners (carrier) of each of the antennas; b) the antenna locations and attachment methods; c) the coaxial cable locations and attachment methods; and d) recommendations for modifications to the existing antenna installations prior to or during the reconditioning. KLM recommends the engineering firm chosen to perform engineering on the reconditioning conduct the telecommunications assessment so they are intimately aware of the antenna conditions. 4.0 INSPECTION AND EVALUATION METHODS Some or all of the following procedures were performed as applicable. 4.1 Methods 4.1.1 The tank was evaluated on the interior and exterior in conformance with the following: a. KLM Engineering, Inc. proposal. b. General guidelines of AWWA Manual M42 Appendix C "Inspecting and Repairing Steel Water Tanks, and Elevated Tanks for Water Storage." c. KLM "Procedures and Guidelines for Inspecting Existing Steel and Concrete Water Storage Tanks". 4.1.2 The inspection of the base metal and coatings on interior and exterior surfaces included only areas accessible without scaffolding or special rigging. Where possible, the base metal and coating on the interior wet surfaces were examined from a rubber raft while the tank was being drained. 4.1.3 Tank plate thickness was measured at random locations on the liquid holding shell. The overall structural condition of the tank was visually examined. 4.1.4 No structural analysis was done to determine if the tank design complies with the AWWA D100-11 Standard for "Welded Carbon Steel Tanks for Water Storage." However, any observed non-conformance to the AWWA D100-11 standard is noted in this report. 4.1.5 Although compliance with OSHA regulations was not a part of this inspection, any unsafe conditions or violations of current OSHA regulations that were observed are noted in this report. 12 4.2 Examination and Evaluation Techniques Some or all of the following procedures were performed as applicable. 4.2.1 Site The tank site was evaluated for proper drainage, conditions affecting access and lead paint abatement during reconditioning. 4.2.2 Foundation The tank concrete foundation was visually examined for cracks, spalling, condition of grout, indications of distress/settlement, and elevation above grade. 4.2.3 Tank Plate Thickness Plate thickness measurements were not taken using ultrasonic methods (UTM). 4.2.4 Coating Thickness Interior and exterior coatings, where accessible, were tested in accordance with Steel Structures Painting Council SSPC-PA2-82 "Measurement of Dry Film Thickness with Magnetic Gages," using PosiTector-6000-F 1 Type 2 magnet flux gages with a fixed probe. 4.2.5 Coating Adhesion Adhesion testing of the coating to the steel was performed by ASTM D3359: Shear Adhesion Test, Measuring Adhesion by Tape Test. In addition, a subjective coating adhesion evaluation was performed using a penknife. 4.2.6 Coating Cure The cure of the interior wet coating was evaluated by ASTM D 5402-93 Standard Practice for Assessing the Solvent Resistance of Organic Coatings Using Solvent Rubs and/or with the manufacturer's recommended field method / industry standard procedures. 13 4.2.7 Coating Serviceability The estimated remaining coating life or serviceability evaluation was performed using a wide variety of inspection instruments such as dry film thickness gauge, pen knife, Tooke gauge, adhesion tester(s), 30x microscope and serviceability evaluation experience (minimum experience 10 years). 4.2.8 Coating Lead and Chromium Content Analysis Samples were taken of the various types of coatings present on the interior and exterior surfaces. Corrosion Control Consultants and Labs of Kentwood, Michigan tested these coatings in conformance with ASTM D-3335 Standard Test Methods for Concentrations of Lead and Chromium in Paint. Copies of the Laboratory Analysis are included in Appendix D. APPENDIX A PHOTOGRAPHS Photo No. 1 Overall view of Tower 1 Photo No. 2 Interior dry well tube, overflow weir box, and roof conditions Photo No. 3 Unwelded seam of drywell tube to roof connection and dollar plate 1 Photo No. 4 Unwelded seams of tank vent/final Photo No. 5 Unwelded seams of roof ventilation manway Photo No. 6 Unwelded seams of roof rigging coupler and vent Photo No. 7 Roof condition at compression ring — note bolted connections and unwelded seams Photo No. 8 Overall interior roof conditions Photo No. 9 Overall interior roof conditions Photo No. 10 Typical conditions on intermittently welded rafters Photo No. 11 Conditions at the roof to shell junction — note condition of roof rafters Photo No. 12 Overall conditions of interior shell — note rust staining from unwelded seam Photo No. 13 Typical coating conditions on shell Photo No. 14 Typical coating conditions on shell Photo No. 15 Typical coating conditions on shell Photo No. 16 Condition at shell to cone stiffener Photo No. 17 Condition at shell to cone stiffener Photo No. 18 Overall conditions on cone — note staining and sediment Photo No. 19 Typical conditions on cone Photo No. 20 Overall conditions on drywell tube Photo No. 21 Abandoned Cathodic Protection support bracket Photo No. 22 Overall conditions in bowl — note recirculating line Photo No. 23 Bowl manway and coating conditions in bowl Photo No. 24 Overall conditions in bowl Photo No. 25 Conditions at the top of the drywell tube Photo No. 26 Overall conditions in drywell tube — note cable attachments to ladder Photo No. 27 Condition in drywell tube — note cable stand-off brackets stud welded to tube Photo No. 28 Conditions of catwalk at bottom of drywell tube Photo No. 29 Conditions of underside of drywell tube and catwalk Photo No. 30 Overall conditions of bowl Photo No. 31 Overall conditions of bowl — note antenna equipment at top of column Photo No. 32 Conditions at top of pedestal Photo No. 33 Conditions of bowl — note absence of safety climb device on ladder Photo No. 34 Conditions in pedestal — note antenna equipment Photo No. 35 Conditions in pedestal — note antenna equipment Photo No. 36 Overall conditions on the condensate ceiling Photo No. 37 Overall conditions of interior dry area below condensate ceiling Photo No. 38 Antenna equipment and conditions at base of tower Photo No. 39 Concrete conditions in valve pit Photo No. 40 Conditions of piping in valve pit Photo No. 41 Overall conditions on roof Photo No. 42 Partial opening in existing roof vent Photo No. 43 Typical roof coating conditions Photo No. 44 Conditions on roof — note antenna and cable attachments Photo No. 45 Conditions on the roof — note antenna framing and mast pipe Photo No. 46 Conditions on roof — note antenna and cable attachments Photo No. 47 Aviation obstruction light Photo No. 48 Typical roof coating conditions Photo No. 49 Exterior coating conditions of shell, cone and pedestal Photo No. 50 Exterior coating conditions on fluted column APPENDIX B DRAWINGS rKLM ENGINEERING, Ave. ke P.O. Box 697 3394 loke Elmo N. MN 552 (651) 773-5111 fax (651) 773-5222 KLM PROJECT NO. KLM DRAWING NO. 21 SUBJECT SAFETY CLIMB DEVICE — CABLE STYLE DRAWN BY DATE CHECKED BY DATE NOTES: 1. CONTRACTOR SHALL PROVIDE AND INSTALL A CABLE STYLE SAFETY CLIMB DEVICE PER THE SPECIFICATION 2. SYSTEM SHALL BE EQUIVALENT TO THE DBI/SALA LAD—SAF(R) FLEXIBLE CABLE SYSTEM 3. CONTRACTOR SHALL PROVIDE TWO (2) HARNESSES AND LAD—SAF(R) SLEEVES WITH SAFLOK CARABINER (OR EQUIVALENT) 4. CONTRACTOR SHALL PROVIDE DOUBLE LANYARDS WITH EACH HARNESS PROVIDED Full Body HarnessIII with Front Attachmer t W 1- O IS TO BE DONE N M z U_ 0 0 0 O W 0 z 2 z J 0 4" MIN. CLEARANCE DETAIL -OPTION r) 6" PREFERRED X w 0 z x z 0 0 D WARD OVERLAP d a zz 00 a N Lx Z J W J au_ _no ozV N DETAIL -OPTION z 0 LJ J J LTJ J z 0 0 LTJ (/) N KLM PROJECT NO. KLM DRAWING NO. 25 z Li 0 0 VENTILATION DONE WITH W Nm 1—Ow O 0 z �0 zw Oz -J 0 0 X r cn O z Q w oQ N TO PERFORM ALL WELDING X w x 2s1 Z „L „ti/l xvw „z 0 1 0 0 N 1 1111111.6 c3 o x (pz N "•••••— N N d N 1 1 Xx O ceJ 0 0 x 1- 11 �1 „9L/£ L „9/L LL -,L via „ti/L z -,z W LJ Q 0 Y= (1) „9L/£ a L W w. -I m x mg o =� U M '4HI „Z UR „9L/LL ti to „9L/£ 9 0 w „L 1 '4'I „tiZ NECK: PL 1"x8"x6'-6 9/16" O.D. ELEVATION 4 0 0 a 0 0 w 0 0 J W KLM PROJECT NO. KLM DRAWING NO. 26 KLM PROJECT NO. J (651) 773-5111 rKLM ENGINEERING, INC. P.O. Box 897 3394 Lake Elmo Ave. N. ke MN 52 (651) 773-5111 Fax (651j 773--5222 KLM PROJECT NO. KLM DRAWING NO. 36 SUBJECT INTERIOR PAINTER'S RAIL DRAWN BY DATE CHECKED BY DATE ROOF PLATE 1/8 40° 1. ALL WELDING TO BE DONE WITH E70XX ELECTRODES. 2. ALL WELDING SHOWN IS TO BE DONE BY CONTRACTOR. 3/16 COMPRESSION RING DETAIL 40° ROOF RAFTER SHELL 1'-6" 2 PAINTER'S RAIL DETAIL WT 7 X 13 1/8 4 a o 0 o w o ix 0 z z Q <4. c., W OU Z 47, O ii :<Qwm w 0 X N O'-` O Z Z 0 u) ZUd wO =N OHEN1w Ovi Om w1- 3 ..OZHwwO OF H Haaga0N�o O Z w 0 W oea CO N Z < 0 0 1 0 0 1-NUHN D0 00ZZ00OU Z�w3 Z ZN Q 0 0 0ire0 W W N W O O 3 3 L uwa�w= J J J a mH a a a VENT COVER BOLTS VENT COVER - 3/16" PL N L! VENT OPENING SIZE(S) PER SPECIFICATIONS too X 0 Z dr M 2 W O 0 Z w Ir Ng N 1 RADIUS CORNERS LF z J a w CNI M FIT FLUSH N DETAIL -OPTION DETAIL -OPTION M KLM PROJECT NO. KLM DRAWING NO. 37 z W LL 0 0 FROST -FREE J (-- KLM ENGINEERING, INC. P.O. Box 897 3394 Lake Elmo Ave. N. 42 (651) 773-5111 Fax (651) 773—MN 5222 KLM PROJECT NO. SUBJECT DRAWN BY KLM DRAWING NO. 42 DRYWELL TUBE CABLE BRACKET MCE DATE CHECKED BY DATE NOTES: 1. ALL WELDING TO BE DONE WITH E70XX ELECTRODES. 2. ALL WELDING SHOWN IS TO BE DONE BY CONTRACTOR. 3. WELDING SHALL BE PERFORMED IN ACCORDANCE WITH AWWA D100 (CURRENT VERSION) SEAL\ 1/4 WELD/ 1/4 Z -- <<N EXISTING DRYWELL TUBE COAX CABLES ATTACHED WITH SNAP -IN HANGERS VERIFY NUMBER AND SIZE OF CABLES 2"-6" VERIFY W/ ENGINEER U) W O Z z ON� D X O c Z W Zm1- O (n = W - U ZO § LJ -i= Ow W Z JOO 0 QY) CC CL I– lai Z LLI <0M 0 =O W i I– (n m 0 O - a (_')(n CSU ZQOW ZW ZQ <u_00o0 0Lt OQOO Wrx WZ =Www �U �O W�WO JJ J>- mQW J Qm IS TO BE DONE f N M (1) 0 m 1 C. W 0 0 LJ J 0_ DETAIL -OPTION M X N CLEARANCE Z Z 00 cN W Z W au_ J L, Z DETAIL -OPTION st KLM PROJECT NO. KLM DRAWING NO. 52 KLM PROJECT NO. CD CD O 0 L_ I— z :w oz LL Q Qz CLCD U /f�I I �I W (651) 773-5111 N w� r APPENDIX C SURFACE PREPARATION REQUIREMENTS NACE SP0178-2007 (formerly RP0178-2003) Item No. 21022 Standard Practice Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service This NACE International standard represents a consensus of those individual members who have reviewed this document, its scope, and provisions. Its acceptance does not in any respect preclude anyone, whether he or she has adopted the standard or not, from manufacturing, marketing, purchasing, or using products, processes, or procedures not in conformance with this standard. Nothing contained in this NACE International standard is to be construed as granting any right, by implication or otherwise, to manufacture, sell, or use in connection with any method, apparatus, or product covered by Letters Patent, or as indemnifying or protecting anyone against liability for infringement of Letters Patent. This standard represents minimum requirements and should in no way be interpreted as a restriction on the use of better procedures or materials. Neither is this standard intended to apply in all cases relating to the subject. Unpredictable circumstances may negate the usefulness of this standard in specific instances. NACE International assumes no responsibility for the interpretation or use of this standard by other parties and accepts responsibility for only those official NACE International interpretations issued by NACE International in accordance with its governing procedures and policies which preclude the issuance of interpretations by individual volunteers. Users of this NACE International standard are responsible for reviewing appropriate health, safety, environmental, and regulatory documents and for determining their applicability in relation to this standard prior to its use. This NACE International standard may not necessarily address all potential health and safety problems or environmental hazards associated with the use of materials, equipment, and/or operations detailed or referred to within this standard. Users of this NACE International standard are also responsible for establishing appropriate health, safety, and environmental protection practices, in consultation with appropriate regulatory authorities if necessary, to achieve compliance with any existing applicable regulatory requirements prior to the use of this standard. CAUTIONARY NOTICE: NACE International standards are subject to periodic review, and may be revised or withdrawn at any time in accordance with NACE technical committee procedures. NACE International requires that action be taken to reaffirm, revise, or withdraw this standard no later than five years from the date of initial publication and subsequently from the date of each reaffirmation or revision. The user is cautioned to obtain the latest edition. Purchasers of NACE International standards may receive current information on all standards and other NACE International publications by contacting the NACE International FirstService Department, 1440 South Creek Dr., Houston, Texas 77084-4906 (telephone +1 281/228-6200). Revised 2007-03-10 Reaffirmed 2003-03-17 Reaffirmed September 1995 Reaffirmed March 1991 Revised 1989 Approved 1978 NACE International 1440 South Creek Drive Houston, Texas 77084-4906 +1 281/228-6200 ISBN 1-57590-167-6 © 2007, NACE International Shawn Muihem - Invoice INV-92234-9NXH7T, downloaded on 4:23x2008 1 1:1 1:30 AM - Single -user license only, copying and networking prohiuite,' SP0178-2007 Foreword When specifying tanks and vessels that are to be internally lined to control corrosion and prevent product contamination, special design, fabrication, and surface finishing practices must be considered to obtain the desired performance of these linings for immersion service. As the corrosiveness of the product increases, the design and fabrication of the tank or vessel becomes more critical relative to the performance of the lining. This standard presents standard practices for the design, fabrication, and surface finish of metal tanks and vessels that are to be lined for corrosion resistance and to prevent product contamination. The standard explains how the standard practices govern the quality of lining applications. Appendix A contains illustrations depicting both good and bad practices for tanks and vessels to be lined, and Appendix B contains a list of recommended responsibilities to ensure that an acceptable lining application is achieved. Appendix C contains written and graphic descriptions of five degrees of surface preparation of welds in tanks and vessels that may be specified prior to lining. t This standard is intended for use or reference by end users, lining specifiers, lining applicators, lining manufacturers, and contracting authorities involved in the surface preparation or lining installation in tanks and vessels intended for chemical immersion service. This standard practice was originally prepared in 1978 by NACE International Task Group (TG) T - 6A -29, a component of Unit Committee T -6A on Coating and Lining Materials for Immersion Service, in collaboration with Unit Committee T -6H on Application and Use of Coatings for Atmospheric Service. The standard was revised in 1989 by TG T -6G-27, a component of Unit Committee T -6G on Surface Preparation for Protective Coatings, and was reaffirmed in 1991 and 1995. It was reaffirmed in 2003 by Specific Technology Group (STG) 04 on Coatings and Linings, Protective: Surface Preparation. The standard was revised in 2007 by TG 295 on Lining, Tanks and Vessels for Immersion Service: Fabrication Details, Surface Finish Requirements, and Proper Design Considerations—Review of NACE Standard RP0178-2003. This TG is administered by STG 04. It is also sponsored by STG 02 on Coatings and Linings, Protective: Atmospheric; STG 03 on Coatings and Linings, Protective: Immersion and Buried Service; and STG 43 on Transportation, Land. This standard is issued by NACE International under the auspices of STG 04. t11 The visual comparator mentioned in Appendix C is a molded plastic replica that illustrates various degrees of surface finishing for welds prior to coating or lining. Full -seam welds, skip welds, butt welds, lap welds, and others are depicted. For more information contact the NACE FirstService Department, 1440 South Creek Drive, Houston, TX 77084-4906. NACE International Shaven Mulhern - Invoice INV-92234-9NXH7T, downloaded on 4/23/2008 1 1:1 1:30 AM - Single -user license only, copying and networking r- S P0178-2007 NACE International gratefully acknowledges the contributions of the following companies in the preparation of the welding samples and the fabrication of the die from which the plastic replicas have been molded: Ausimont USA, Inc.,12> Thorofare, NJ CenterPoint Energy,(3) Houston TX S.G. Pinney & Associates, Inc.,i4i Port St. Lucie, FL The Sherwin-Williams Company,(5) Cleveland, OH NACE also gratefully acknowledges the assistance of KTA-Tator Inc.,(6) Pittsburgh, PA, in developing the weld pattern that was used to mold the plastic replica of weld samples. In NACE standards, the terms shall, must, should, and may are used in accordance with the definitions of these terms in the NACE Publications Style Manual, 4th ed., Paragraph 7.4.1.9. Shall and must are used to state mandatory requirements. Should is used to state something considered good and is recommended but is not mandatory. May is used to state something considered optional. (2)Ausimont USA, Inc., 10 Leonards Lane, Thorofare, NJ 08086. (3) CenterPoint Energy, P.O. Box 1325, Houston, TX 77251-1325. (4) S.G. Pinney & Associates, Inc., Corporate Office, 1326 S.W. Biltmore St., Port St. Lucie, FL 34983. (5)The Sherwin-Williams Company, 101 Prospect Avenue N.W., Cleveland, OH 44115. (6) KTA-Tator, Inc., 115 Technology Drive, Pittsburgh, PA 15275. ii NACE International SP0178-2007 NACE International Standard Practice Design, Fabrication, and Surface Finish Practices for Tanks and Vessels to Be Lined for Immersion Service Contents 1. General 1 2. Definitions 1 3. Design Practices 1 4. Fabrication Practices 3 5. Surface Finish Practices 3 Bibliography 4 Appendix A: Illustrations of Design, Fabrication, and Surface Finish Practices for Metal Tanks and Vessels to Be Lined for Immersion Service 5 Appendix B: Recommended Responsibilities 11 Appendix C: Written and Graphic Descriptions of Various Degrees of Surface Finishing of Welds That May Be Specified in Preparation for Lining of Tanks and Vessels12 NACE International iii SP0178-2007 iv NACE International SP0178-2007 Section 1: General 1.1 This standard presents standard practices for the design, fabrication, and surface finish of tanks and vessels to be lined for immersion service. Tanks and vessels may be lined for corrosion control or to prevent product contamination. 1.1.1 Appendix A (mandatory) contains illustrations depicting both good and bad practices for tanks and vessels to be lined for immersion service. 1.1.2 Appendix B (nonmandatory) contains a list of recommended responsibilities of the purchaser (user), designer, fabricator, lining applicator, and inspector to ensure that an acceptable lining application is achieved. 1.1.3 Appendix C (nonmandatory) contains written and graphic descriptions of five degrees of surface preparation of welds in tanks and vessels that may be specified prior to lining. The written descriptions of the five degrees of surface preparation of welds in Appendix C take precedence over the graphics and the companion visual comparator. The graphics are only pictorial representations of welds and grinding finishes and are not intended to be representative of the integrity of the welds. The "weld condition prior to finishing" is not a typical weld; it is only intended to illustrate defects in welds that must be corrected prior to lining. 1.2 Good welding practices and welding codes govern the integrity of the tank and vessel welds; this standard only addresses surface preparation of the welds for the purpose of lining the tank or vessel for immersion service. 1.3 Other design and construction codes or standards may be used to complement the details given here. When applicable, the requirements of such other codes or standards shall be considered. A partial list of such codes and standards can be found in the Bibliography. 1.4 These standard practices may be used in the design, fabrication, and surface finish of tanks and vessels for services other than immersion, such as dry bulk storage of solid materials. Section 2: Definitions Lining: A coating or layer of sheet material adhered to or in intimate contact with the interior surface of a container used to protect the container against corrosion by its contents and/or to protect the contents of the container from contamination by the container material. For the purposes of this standard, lining refers to a surface barrier, usually a thin film less than 500 pm (20 mil) thick applied as either a lining or a coating. In common usage, the terms coating and lining are interchangeable, but in this standard, only the term lining is used. The requirements contained herein may or may not apply to heavier, thick -film linings, sheet linings, trowel -applied and pumped -into -place finishes, plasma, 3.1 Accessibility flame -sprayed linings, fiber -reinforced plastic linings, or similar lining materials. Surface Finish: The degree of smoothness of a surface produced by the removal of sharp edges and the appropriate surface preparation of welds and other rough areas. The term surface finish is also used to characterize the degree of smoothness that is necessary to attain a surface to which the lining can be applied satisfactorily in accordance with the lining specification. Section 3: Design Practices 3.1.1 All surfaces of the tank or vessel interior shall be readily accessible for surface preparation and lining application (see Figures Al through Al 0, Appendix A). 3.1.2 The manway diameter for working entrance and safety reasons during the lining application shall be as large as practical for the tank or vessel being lined. 3.1.2.1 If possible, at least one manway shall be located near ground (working) level, except in tanks or vessels designed to be buried below grade. 3.1.3 Additional manways and openings should be provided as needed to facilitate ventilation. These must meet safety requirements. 3.2 Joints 3.2.1 Continuous butt -welded joints shall be used whenever possible (see Figure A5, Appendix A). NACE International 1 SP0178-2007 3.2.2 Rivets shall not be used. 3.2.3 The use of internal bolted connections should be avoided to the fullest extent possible. 3.2.4 Continuous lap -welded joints may be used but are not preferred. For sheet lining material, this type of construction may not be acceptable. 3.3 Connections 3.3.1 All connections to the tank or vessel shall be flanged. 3.3.2 Threaded connections should not be used in tanks and vessels operating in corrosive environments (see Figure A4, Appendix A). However, if threaded connections cannot be avoided in corrosive environments, these parts shall be fabricated of corrosion -resistant materials, or constructed as shown in Figure Al 0, Appendix A. 3.3.2.1 CAUTION: Dissimilar metal (galvanic) corrosion occurs when, for example, an alloy is used to replace the steel bottom of a tank, or in a similar circumstance when alloy appurtenances must be part of the construction of a vessel. If a lining is then applied to the steel and part of the alloy (usually 150 to 610 mm [5.9 to 24 in.]), any discontinuity in the lining exposes a small anode surface. Once corrosion starts, it progresses rapidly because of the large exposed alloy cathodic area to the much smaller anodic area. Without the lining, galvanic corrosion causes the steel to corrode at the weld area, but at a much slower rate. The recommended practice is to apply the lining to all of the alloy as well as the steel, thereby eliminating the possible occurrence of a large -cathode -to -small -anode surface. 3.3.3 Nozzle connections to be lined shall be as short as possible and be a minimum of 50 mm (2 in.) in diameter (see Figure A4, Appendix A). Connections less than 50 mm (2 in.) in diameter shall be suitably attached through a reducing flange (see Figure A10, Appendix A). When trowel -applied thick -film linings are required, additional nozzle inside diameter shall be allowed for lining thickness. 3.4 Appurtenances Inside the Tank or Vessel 3.4.1 The standard practices in Sections 3, 4, and 5 shall apply to any item to be installed inside a tank or vessel that is to be lined. Such appurtenances include, but are not limited to, agitators, anti -swirl baffles, outlet connections, gauging devices, vortex breakers, and internal piping. 3.4.2 If appurtenances inside the tank or vessel, including nuts and bolts, cannot be lined, they shall be made of corrosion -resistant materials. (CAUTION: See Paragraph 3.3.2.1.) 3.4.3 If bolted connections are necessary and cannot be made of corrosion -resistant materials, the mating surfaces shall be lined before assembly. Gaskets shall be used on mating surfaces and the sealing surfaces of nuts and bolts to protect the lining. 3.4.4 Dissimilar metals shall be electrically isolated from the steel tank or vessel surface whenever possible. Where dissimilar metals are used, selection shall be such that the galvanic effect is minimized. Other corrosion mitigation methods may be required (see Figure A8, Appendix A). 3.4.5 Heating elements shall be offset from the tank or vessel surface to provide access for surface preparation, application, inspection, and cleaning. Elements shall be positioned so as not to damage the lining system. 3.5 Structural Reinforcement Members 3.5.1 Structural support members should be installed on the exterior of the tank or vessel. However, if such members are installed internally, they shall be fabricated of simple shapes such as smooth, round bars or pipe for ease of applying the lining material. 3.5.2 The use of internal flanged connections, stiffening rings, reinforcement pads, angles, channels, I -beams, and other complex shapes should be avoided. If they must be installed internally, these members shall be fully welded and welds and sharp edges ground to a radius of at least 3.2 mm (0.13 in.) or as agreed between the tank or vessel fabricator, tank or vessel owner, and lining applicator (see Figures Al and A6, Appendix A). 3.6 Heat Sinks 3.6.1 Heated, forced curing of lining systems is often preferred if not specifically required. During tank or vessel design and fabrication, especially with field - erected units, consideration must be given to avoiding or minimizing heat sink areas. Such areas might include opposite saddles or support lugs, flat bottoms on foundations, and stiffening rings. 3.6.2 These situations may be addressed either by tank or vessel design or by construction or insulation of the foundation or supports. Another possible solution is the use of temporary constructions, such as false floors or temporary shelters, to achieve uniform heating and curing. 2 NACE International SP0178-2007 Section 4: Fabrication Practices 4.1 All design practices in Section 3 shall apply to all fabrication. 4.2 All welding shall be continuous. Intermittent or spot welding shall not be allowed. 4.3 Fillets and corners must be accessible for grinding. 4.4 Field tanks fabricated for use with high -heat -cured linings (e.g., unmodified phenol formaldehyde thermosetting linings) should have bottoms suitably insulated and installed on properly drained foundations to facilitate proper cure of the lining on the floor of the tank. Because the sand -filled earthen foundation, concrete pad, or other similar foundation is a poor insulator, some means must be considered prior to the application of the lining either to override the heat sink or to distribute the heat uniformly. This may be accomplished in several ways: (a) with the use of properly sized heaters; (b) by placing the tank on a concrete pad topped with a 100 -mm (4 -in.) layer of vermiculite concrete; (c) by insulating with a high -compressive -strength structural grade insulation between the tank bottom and foundation; (d) by installing an internal temporary false bottom approximately 1.5 m (5.0 ft) above the floor of the tank prior to the final high-temperature bake; or (e) by other suitable means that practically and effectively ensure a properly cured lining on the tank floor. Section 5: Surface Finish Practices 5.1 Sharp edges shall be ground to a smooth radius of at least 3.2 mm (0.13 in.) or as agreed between the tank or vessel fabricator, tank or vessel owner, and lining applicator. 5.2 Tank and vessel internal surfaces to be lined shall not be marred by gouges, handling marks, deep scratches, metal stamp marks, slivered steel, or other surface flaws. Flaws shall be repaired by welding or grinding, as appropriate. 5.2.1 Limits on surface flaw depth and geometry shall be set by agreement between the tank or vessel fabricator, tank or vessel owner, and lining applicator. 5.2.2 All restorative welding shall be performed according to applicable tank or vessel design codes, approved job -specific procedures, or both. 5.3 All rough welds shall be ground to remove sharp edges and other such irregularities (see Figure A2, Appendix A). Chipping may be used to remove sharp edges if followed by grinding. See Appendix C for written and graphic descriptions of five degrees of surface finishing of welds that may be specified preparatory to the lining of tanks and vessels. 5.3.1 The amount of grinding performed shall be judicious and performed only to the extent necessary to prepare the weld surface and surrounding metal surfaces in accordance with the specification. Over - grinding, which would result in decreasing the wall thickness or the integrity of the weld beyond the limitations imposed by good welding practices, applicable welding codes, or tank or vessel ratings, shall be avoided. 5.4 Automatic machine welds may be acceptable as dictated by the specifications for film continuity. 5.5 All weld spatter and arc strikes must be removed. Chipping may be used if followed by grinding or the use of an abrasive disc. 5.6 If an anti -spatter material is applied adjacent to the weld area prior to welding, the anti -spatter material shall be one that is readily removable. Anti -spatter materials shall be removed prior to abrasive blasting. 5.7 When checking weld continuity, the tank or vessel fabricator shall avoid the use of oils, lubricants, or other foreign materials that would leave a contaminating residue not easily removed by abrasive blasting. 5.8 Surfaces shall be cleaned and decontaminated as required by the governing lining application specification(s). NACE International 3 SP0178-2007 Bibliography API(7) Standard 650 (latest revision). 'Welded Steel Tanks for Oil Storage." Washington, D.C.: American Petroleum Institute (API). API RP 652 (latest revision). "Lining of Aboveground Petroleum Storage Tank Bottoms." Washington, D.C.: API. ASME(8) Boiler and Pressure Vessel Code (latest revision). New York, NY: ASME. Directive 97/23/EC (latest revision). "Pressure Equipment Directive (PED)." Brussels, Belgium: European Commission.(9) NACE Standard SP0294 (latest revision). "Design, Fabrication, and Inspection of Storage Tank Systems for Concentrated Fresh and Process Sulfuric Acid and Oleum at Ambient Temperatures." Houston, TX: NACE. (7) American Petroleum Institute (API), 1220 L Street, NW, Washington, D.C. 20005-4070. (8) ASME International (ASME), Three Park Avenue, New York, NY 10016-5990. (9) European Commission (EC), Rue de la Loi 200, B-1049 Brussels, Belgium. 4 NACE International SP0178-2007 APPENDIX A: Illustrations of Design, Fabrication, and Surface Finish Practices for Metal Tanks and Vessels to Be Lined for Immersion Service Full Seam Weld Skip Weld DO Inside of Tank or Vessel Round All Sharp Edges per Paragraph 5.1. Skip Weld DON'T Inside of Tank or Vessel 2 Channels Back -to -Back DON'T FIGURE Al All construction involving pockets or crevices that do not drain or that cannot be properly abrasive blasted and lined shall be avoided. NACE International 5 SP0178-2007 Inside of Tank or Vessel Grind Smooth Elr3 Inside of Tank or Vessel DO Rough Pinhole l Undercut Eli:3\ DON'T FIGURE A2 All joints shall be continuous full -penetration porosity -free welds. In tanks and vessels that require a 100% holiday -free lining, all welds must be smooth with no holes, high spots, lumps, or pockets. Grinding is required to eliminate sharp edges and high spots. Weld metal shall be used to fill in undercut or pits. DO Inside of Tank or Vessel DON'T FIGURE A3 All weld spatter shall be removed. 6 NACE International Flanged Outlet Weld Overall Length Shall Be as Short as Possible 1 Weld Shp -On Flange Pad Type Round Corners DO DO Round These Corners Inside of Tank or } Vessel Sharp Corners SP0178-2007 11111111,111 Weld Neck Flange In 1111 Mr Inside of Tank or Vessel DON'T Threads DON'T Sharp Corner FIGURE A4 The outlets shall be flanged or pad -type rather than threaded. Within pressure limitations, slip-on flanges are preferred because the inside surface of the attaching weld is readily available for rounding edges and grinding. If operating pressure dictates the use of weld neck flanges, the inside surface of the attaching weld is in the throat of the nozzle, making repair of surface irregularities by grinding rather difficult. NACE International 7 SP0178-2007 Inside of Tank or Vessel Inside of Tank or Vessel zr DO Grind Smooth Inside of Tank or Vessel Continuous Fillet Weld --4441 DO Gap DON'T Inside of Tank or Vessel oav Gap Weld itte< DON'T FIGURE A5 Butt welding shall be used whenever possible rather than lap welding or riveted construction. Inside of Tank or Inside of Tank or Angle / Vessel Vessel Stiffener DO DON'T FIGURE A6 Stiffening members should be on the outside of the tank or vessel. 3 NACE International Shawn Muthem - Invoice INV-92234-9NXH7T, downloaded on 4/23/2008 1 1:1 1:30 AM - Single -user license only, copying and networking prohibite. DO Roof SP0178-2007 Weld Inside = Eliminate Crevice Inaccessible for Grinding or Proper Lining Application Inside of Tank or Vessel Shell DON'T Inside of Tank or Vessel FIGURE A7 Roof -to -Shell Joint. Eliminate crevice and lap weld at roof -to -shell joint in a tank or nonpressure vessel. ....—_ Pit (Anode) Steel Protective Lining Alloy (Cathode) DO .1— Pit (Anode) Steel Protective Lining Alloy (Cathode) DON'T FIGURE A8 Dissimilar metal (galvanic) corrosion occurs when, for example, an alloy is used to replace the steel bottom of a tank, or, in a similar circumstance, when alloy appurtenances must be a part of the construction of a vessel. If a lining is then applied to the steel and part of the alloy (usually 150 to 610 mm [5.9 to 24 in.]), any discontinuity in the lining exposes a small anode surface. Once corrosion starts, it progresses rapidly because of the large exposed alloy cathodic area to the much smaller anodic area. Without the lining, galvanic corrosion causes the steel to corrode at the weld area, but at a much slower rate. The recommended practice is to apply lining to all of the alloy as well as the steel, thereby eliminating the possible occurrence of a large -cathode -to small -anode surface. NACE International 9 SP0178-2007 Tank Shell —+ Screwed Nipple for Use During Fabrication and Heat Curing of Thermosetting Linings It is recommended that the plug be left out for venting and the hole plugged with grease to prevent atmospheric corrosion of the threads. Inside of Tank or Vessel This area is inaccessible for lining application Internal Dished Head Installation of Curved (Preferred) or Flat Plate, Fully Seal -Welded and Ground, to Eliminate Inaccessable Area for Proper Surface Preparation and Lining in Multi -Compartment Tanks Constructed with Dished Heads Between Compartments FIGURE A9 A technique (detail of fabrication) to allow for good continuity of lining application for inaccessible areas such as those in multicompartment tanks or vessels. Slip-on Flange -•'• Inside of Tank or Vessel 50 mm (2 in.) inside Grind and Radius mm (1.0 in.) thread nipple 1 If an alloy flange is required, the designer should consider the use of insulating sleeves and washers as a protection against galvanic corrosion. Overall length shall be as short as possible. 1 Line completely to bolt circle. FIGURE A10 Minimum 50 -mm (2 -in.) diameter nozzle required for most thin-film linings. Thicker -film linings may require a larger -diameter nozzle. This diagram also illustrates fabrication practice where a threaded connection is required in a tank or vessel that requires a holiday -free lining. 10 NACE International SP0178-2007 APPENDIX B: Recommended Responsibilities This appendix is a list of recommended responsibilities that should be assigned to the purchaser, designer, fabricator, lining applicator, and inspector in order to obtain a properly designed and fabricated tank or vessel for interior lining. B1.1 Joint Responsibilities B1.1.1 The purchaser, designer, fabricator, lining applicator, and inspector(s) should review and agree to the requirements involved before contractual agreements are made. 81.1.2 The purchaser, in agreement with the fabricator and lining applicator, should assign responsibility for inspection of fabrication, surface finish, and lining application, and such responsibility should be defined in all contracts. B1.2 Responsibilities of the Purchaser (Owner or User) B1.2.1 The purchaser should be responsible for specifying and/or approving the detail requirements for design, fabrication, and surface finish to all parties concerned. B1.2.1.1 The detailed requirements should be fully described in writing and include drawings of the tank or vessel to be fabricated and lined and service requirements. B1.2.1.2 The purchaser should advise the designer, fabricator, lining applicator, and all inspectors of the detailed requirements, including time schedules, inspection, and acceptable requirements, in writing. B1.3 Responsibilities of the Designer B1.3.1 The designer should be responsible for including the required fabrication and surface details on all sketches and drawings related to the tank or vessel. B1.4 Responsibilities of the Fabricator 81.4.1 The fabricator should be responsible for adhering to the fabrication and surface finish details shown on the working drawings and described in the tank or vessel specifications. B1.4.2 Responsibility for an inspection of the blast or any additional welding, grinding, or surface finishing that may be revealed by the surface preparation for lining, plus any subsequent reblasting, should be defined in the lining contract. B1.4.3 The fabricator, when checking the quality of the weld, should use only those materials that can be readily and thoroughly removed by the fabricator after completion of the inspection procedure. B1.5 Responsibilities of the Lining Applicator 81.5.1 Responsibility for additional welding, grinding, or surface finishing that may be revealed by the surface preparation for lining, plus any subsequent reblasting, should be defined in the lining contract. B1.6 Responsibilities of the Inspector(s) B1.6.1 A qualified inspector whose qualifications and affiliation are acceptable to all parties should be responsible for the verification of fulfillment of design, fabrication, and surface finish requirements. NACE International 11 SP0178-2007 Appendix C—Written and Graphic Descriptions of Various Degrees of Surface Finishing of Welds That May Be Specified in Preparation for lining of Tanks and Vessels (A) NACE Weld • Preparation Designation Type of Grinding Butt Wield Fillet Welded Tee Joid. Lap Weld Ground flush and smooth; free of all defects 'Weld spatter is removed and all surface imperfections are repaired as necessary. The weld is ground flush with the plate surface. Not Applicable Not Applicable Not Applicable Not Applicable 9 Ground flush Minor imperfections such as porosity and undercutting exist. The weld is ground flush with the plate surface. Not Applicable pp Not Applicable pp Not Applicable Not Applicable C Ground smooth; free of all defects.' B` Weld spatter is removed and all suface imperfections are repaired as necessary. The weld is ground smooth and blended into the plate surfaces. VVeld spatter is removed and all surface imperfections are repaired as necessary. The weld is ground smooth and blended into the plate surfaces. Fillet weld between the two plates. Weld spatter is removed and all surface imperfections The lp repaired are necessary: isound smooth and blended into the plate surfaces. Inside of Tank or Vessel - - - ^' The written descriptions of the various degrees of surface preparation of welds in the appendices of this standard take precedence over the graphics and the companion visual comparator. The graphics are only pictorial representations of welds and grinding finishes and are not intended to be representative of the integrity of the welds. The "weld condition prior to finishing" is not a typical weld; it is only intended to illustrate defects in welds that must be corrected prior to lining. Good welding practices and welding codes govern the integrity of the tank and vessel welds; this standard only addresses surface preparation of the welds for the purpose of lining the tank or vessel for immersion service. The visual comparator mentioned in Appendix C is a molded plastic replica that illustrates various degrees of surface finishing for welds prior to coating or lining. Full -seam welds, skip welds, butt welds, lap welds, and others are depicted. For more information, contact the NACE International FirstService Department, 1440 South Creek Dr., Houston, Texas 77084-4906 (telephone +1 281/228-6200). 12 NACE International Shawn Murhern - Invoice INV-92234-9NXH7T, downloaded on 4/23/2008 11:11:30 AM - Single -user license only. copying and networking prohibited. SP0178-2007 Appendix C (Continued)$1) NACE Weld Preparation Design Type of Ging Butt Weld Fillet Welded Tee Joint Lap Weld D Ground smooth and blended.° Minor imperfections such as porosity and undercutting exist. Weld spatter is removed; welds ere then ground smooth and blended into the plate surfaces. Minor imperfections such as porosity and undercutting exist. Weld spatter is removed; welds ere then ground smooth and blended into the plate surfaces. Minor imperfections such as porosity and undercutting exist. Weld spatter is removed; welds are then Bound smooth and blended into the plate surfaces. ----lir--- ilk Inside of Tank j or Vessel , E Minimal Sharp projections on the weld bead, slag, and weld spatter ere removed. Sharp projections on the weld bead, slag, and weld spatter are removed. Sharp projections on the weld bead, slag, and weld spatter ere removed. Inside of Tank or Vessel Weld Condition Prior to Finishing Inside of Tank • `._ ''"" or Vessel "' The written descriptions of the various degrees of surface preparation of welds in the appendix of this standard take precedence over the graphics and the companion visual comparator. The graphics are only pictorial representations of the welds and grinding finishes and are not intended to be representative of the integrity of the welds. The "as is original weld is not a typical weld; it is only intended to illustrate defects in welds that must be corrected prier to coating and lining. Good welding practices and welding codes govern the integrity of the weld; this standard only addresses surface preparation of thewelds for the purpose of coating and lining for immersion service. ° Abrasive blasting in preparation for coating may reveal additional porosity and undercutting. Some applicators request the fabrication to blastthe welds to reveal these imperfections prior to requesting inspection of the grinding by the lining applicator. Responsibility for repair of imperfections so revealed should be resolved in the pre -job conference. The visual comparator mentioned in Appendix C is a molded plastic replica that illustrates various degrees of surface finishing for welds prior to coating or lining. Full -seam welds, skip welds, butt welds, lap welds, and others are depicted. For more information, contact the NACE International FirstService Department, 1440 South Creek Dr., Houston, Texas 77084-4906 (telephone +1 2811228-6200). NACE International 13 Shawn Mulhern - Invoice INV-92234-9NXH7T. downloaded on 4/23/2008 1 1: 1 1.30 AM - Single -user license only, copying and networking prohibited. SP0178-2007 ISBN 1-57590-167-6 NACE International APPENDIX D PAINT CHIP LEAD TEST RESULTS CORROSION CONTROL CONSULTANTS & LABS, INC. a GPI company ANALYTICAL LABORATORY REPORT Tuesday, May 20, 2014 Page 1 of 3 CUSTOMER: KLM Engineering, Inc. DATE RECEIVED: Thursday, May 15, 2014 PO Box 897, 3394 Lake Elmo Ave N PO/PROJECT #: MN 3192 Lake Elmo, MN 55042 SUBMTFTAL #: 2014-05-15-008 LAB NUMBER: AB76275 Sampled By: David Montgomery Job Location: Lino Lakes, MN Sample Identification: 1 - Interior Wet Date Sampled: Thursday, May 8, 2014 Sample Description: Paint Chips Preparation Method: EPA 3050B -P -M (Acid Digestion for Paints) Analysis Method: EPA 6010C (ICP -AES Method for Determination of Metals) Date Analyzed: Tuesday, May 20, 2014 REPORTING ELEMENT RESULT (by dry weft) LIMIT (RL) Cadmium < RL 0.00075 % Chromium 0.084 % 0.0013 % Lead < RL 0.0025 % LAB NUMBER: A1376276 Sampled By: David Montgomery Job Location: Lino Lakes, MN Sample Identification: 2 - Interior Dry Date Sampled: Thursday, May 8, 2014 Sample Description: Paint Chips Preparation Method: EPA 3050E -P -M (Acid Digestion for Paints) Analysis Method: EPA 6010C (ICP -AES Method for Determination of Metals) Date Analyzed: Friday, May 16, 2014 REPORTING ELEMENT RESULT (by dry weight) LIMIT (RL) Cadmium < RL 0.00075 % Chromium <RL 0.0013 % Lead <RL 0.0025 % LAB NUMBER: AB76277 Sampled By: David Montgomery Job Location: Lino Lakes, MN Sample Identification: 3 - Exterior Roof Date Sampled: Thursday, May 8, 2014 Sample Description: Paint Chips Preparation Method: EPA 3050B -P -M (Acid Digestion for Paints) Analysis Method: EPA 6010C (ICP -AES Method for Determination of Metals) Date Analyzed: Friday, May 16, 2014 REPORTING ELEMENT RESULT (by drvweieht) LIMIT (RL) Cadmium < RL 0.00075 % Chromium 0.0015 °A° 0,0013 % Lead < RL 0.0025 % CCC&L has obtained accreditation under the programs detailed on the final page of the laboratory report. The accreditation pertain only to the testing performed for the dements, and in accordance with the test methods, listed in the scope of accreditation table. Testing which is performed by CCC&L according to other test methods, or for elements which are not included in the table fall outside of the current scope of laboratory accreditation. This report shall not be reproduced except in frill, without written approval of CCC&L. 4403 Donlcer CT SE Kentwood, M149512-4054 - (616) 940-3112 • www.ccclabs.com - www.gpinet.com CORROSION CONTROL CONSULTANTS & LABS, INC. a GPI company ANALYTICAL LABORATORY REPORT Tuesday, May 20, 2014 Page 2 of 3 CUSTOMER: KLM Engineering, Inc. DATE RECEIVED: Thursday, May 15, 2014 PO Box 897, 3394 Lake Elmo Ave N PO/PROJECT #: MN 3192 Lake Elmo, MN 55042 SUBMITTAL #: 2014-05-15-008 LAB NUMBER: AB76278 Sampled By: David Montgomery Job Location: Lino Lakes, MN Sample Identification: 4 - Exterior Bottom Date Sampled: Thursday, May 8, 2014 Sample Description: Paint Chips Preparation Method: EPA 3050E -P -M (Acid Digestion for Paints) Analysis Method: EPA 6010C (ICP -AES Method for Determination of Metals) Date Analyzed: Friday, May 16, 2014 REPORTING ELEMENT RESULT (by dry weight) LIMIT (RL) Cadmium < RL 0.00075 % Chromium 0.004 % 0.0013 % Lead < RL 0.0025 % CCC&L has obtained accreditation under the programs detailed on the final page of the laboratory report. The accreditations pertain only to the testing performed for the elements, and in accordance with the test methods, listed in the scope of accreditation table. Testing which is performed by CCC&L according to other test methods, or for elements which are not included in the table fall outside of the current scope of laboratory accreditation. This report shall not be reproduced except in frill, without written approval of CCC&L. 4403 Donker CT SE Kentwood, MI 49512-4054 - (636) 940-3112 www.ceclabs.com www.gpinet.coan CORROSION CONTROL CONSULTANTS & LABS, INC. a GPI company ANALYTICAL LABORATORY REPORT Tuesday. May 20. 2014 Page 3 of 3 CUSTOMER.: KLM Engineering, Inc. PO Box 897, 3394 Lake Elmo Ave N Lake Elmo, MN 55042 DATE RECEIVED: PO/PROJECT #: SUBMITTAL#: Thursday, May 15, 2014 MN 3192 2014-05-15-008 Unless otherwise noted, the condition of each sample was acceptable upon receipt, all laboratory quality control requirements were met, and sample results have not been adjusted based on field blank or other analytical blank results- Individual sample results relate only to the sample as received by the laboratory. �,',A �Jason Kraai Tests Reviewed By: Jason Kraai, Senior Analyst _ 2014.05.20 CCC&L has obtained accreditation under the following programs: —17:08:5 / -0400' • National Lead Laboratory Accreditation Program (NLLAP) ELLAP: AIHA Laboratory ELLAP Accreditation Program Laboratory, 1D#101030 (www.aiha.oro) OH: Ohio Department of Health Lead Poisoning Prevention Program, Approval #E10013 (www.odh.ohio.gov) AIWA Laboratory IHLAP Accreditation Program (www.aiha.orq) IHLAP; Laboratory ID#101030 • National Environmental Laboratory Accreditation Program (NELAP) NY: State of New York Department of Health, Laboratory ID#11609 (Serial # 50712, 50714-50716, 51157) (51 6-485-5570) LA: State of Louisiana Department of Environmental Quality, Laboratory ID#180321 (Certificate 05036) ( www.deo.louisiana.Qov) OK: Oklahoma Department of Environmental Quality, Laboratory ID#9993 (Certificate 2013-040) (www degstate_ok.us) Testing which is performed by CCC&L according to test methods, or for elements which are not included in the table below fall outside of the current scope of laboratory accreditation. Customers are encouraged to verify the current accreditation status with the individual accreditation programs by calling or visiting the appropriate website for the applicable program. Air and Emissions Element/Test Suspended Particulates: PM10 / TSP Lead in Airborne Dust Lead in Airborne Dust Metals in Airborne Dust Surface Coating- Density Surface Coating: Percent Solids Surface Coating: Percent Water Surface Coating: Volatile Content Solid Chemical Materials Eleinent/Test TCLP Lead in Soil Lead in Paint Lead in Paint Lead in Dust Wipes Lead in Dust Wipes Ignitability SCOPE OF ACCREDITATION Method 40 CFR 50 Appendix J / 40 GFR 50 Appendix B NIOSH 7300 EPA 600/R-93/200/ EPA 6010C EPA 600/R-93/200/ NIOSH 7300/ EPA 6010C ASTM D1475 ASTM D2697 EPA 24 EPA 24 / ASTM 02369 Method EPA 1311(Sample Preparation Method) EPA 3050B/ EPA 6010C EPA 3050B/ EPA 6010C ASTM D 3335-85A/ EPA 60100 EPA3050B/ EPA6010C EPA 600/R-93/200/ EPA 60100 EPA 1010A Non -Potable Water / Analysis by ICP Element/Test Method Accreditation(s) Arsenic EPA 6010C/ EPA 200.7 Rev 4.4 Barium EPA 6010C/ EPA 200.7 Rev 4.4 Cadmium EPA 6010C/ EPA 200.7 Rev 4.4 Chromium EPA 6010C/ EPA 200.7 Rev 4.4 Copper EPA 6010C/ EPA 200.7 Rev 4.4 Lead EPA 6010C/ EPA 200.7 Rev 4.4 Mercury EPA245.1 Rev.3/ EPA7470A Nickel EPA 6010C/ EPA 200.7 Rev 4.4 Selenium EPA 6010C/ EPA 200.7 Rev 4.4 Silver EPA 6010C/ EPA 200.7 Rev 4.4 Zinc EPA 6010C/ EPA 200.7 Rev 4.4 Cobalt --- Manganese Acid Digestion EPA 3010A NY, LA NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK NY, LA, OK Accreditation(s) NY, LA ELLAP, 01-1, NY, LA ELLAP, OLI IHLAP NY NY NY NY Accreditation{sl NY, LA, OK ELLAP, OH, NY, LA, OK ELLAP, OH, NY, LA NY NY, LA ELLAP, OH NY Solid Chemical Materials Method Accreditation(s) NY NY NY NY NY NY, LA, OK NY NY NY NY NY NY NY NY, LA EPA 60100 EPA 6010C EPA 6010C EPA 6010C EPA 6010C EPA 601OC EPA 6010C EPA 6010C EPA 6010C EPA 6010C EPA6010C EPA 6010C EPA 601 OC EPA 3050B Tliis report shall not be reproduced except in full, without written approval of CCC&L. 4403 Danker CT SE Kentwood, MI 49512-4054 - (616) 940-3112 • www.ccclabs.cum . www_gpinet.com FOR LAB USE ONLY Properly Contained IV NO N/A 1ASTM E1792 wipes YES NO COPII Adequate Ph Adjust YES NO NIAT Lab acidified: ay/Date'yG P.O./Pro) #: MN 3192 1 Job Location: Lino Lakes, MN Special Instructions: also email reports and invoice to lsylte@klmengineering.com and Isy157@agmail,com *Same Day turn around not available for TCLP or PM10; additional fees may apply, contact lab for pricing. WIPES 1 AIR SAMPLES 11f UNITS 1 FLOW I a O i -- co START TIME a O 1— CHAIN OF CUSTODY FORM Send To: orrosion Control Consultants & Labs, Inc, a GPI: company 4403 Danker Ct Kentwood MI 49512-4054 ph: 616-940-3112 fx: 616-940-8139 web -sites: www.ccclabs.com www.gpinet.com Company Contact: Matt Erickson Telephone_ _ 651-773-5111 1 E -Mail: merickson@klmengineering.com START Area wiped (sq.ft.) MISC. TESTS ❑ pH (Corrosivity) Ignitability VOC (Method 24) ❑ Other w 2 a z D 0 it Q z reD F— ❑ Same Day* ❑ Rush* ❑✓� Standard ❑ Other r information. Sample Identification/Location Interior Wet Interior Dry Exterior Roof Exterior Bottom Address: 3394 Lake Elmo Ave N PO Box 897 Lake Elmo, MN 55042 TOTAL CONCENTRATION LEAD ✓❑ LEAD, CAD, CHROME ❑ RCRA (8) METALS ❑ OTHER WASTE CHARACTERIZATION L LEAD TCLP Q RCRA (8) METALS TCLP ❑ OTHER CCC&L accepts Visa, MasterCard, and American Express. Please call fo MATRIX 11 PAINT CHIPS C. SOIL ❑ SPENT ABRASIVE ❑ WIPE brand ❑ WASTEWATER ❑ 37 rim CASSETTE ❑ TSP FILTER ❑ PM 10 FILTER • OTHER Company: KLM Engineering, Inc, Date/Time Sampled r 7 4 4 I0 wt 1 1 0 ID T 1 ° LLS x- I tib 6 d N d E E W Z NCI V- CCC&L Lab Na. f c'si ,. rz - r- f� r~ C y 9? z rts c g) mai E v 0 -0 ay E.t .0) -aa E co as 0 ay 0 rn 0 R7 0 ai E w a d as ET a m m Lip Ci Submittal v. Stantec THIS BID IS SUBMITTED TO: City of Lino Lakes City Hall 600 Town Center Parkway Lino Lakes, MN 55014 BIDDER: DOCUMENT 00410 BID FORM REPAINTING OF ELEVATED WATER TANK NO. 1 PROJECT NO. 193803415 LINO LAKES, MINNESOTA 2016 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. © 2015 Stantec 1 193803415 00 41 10 - 1 BID FORM E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. © 2015 Stantec 1 193803415 00 41 10 - 2 BID FORM Unit Prices have been computed in accordance with paragraph 1 1.03.8 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price BASE BID: 1 MOBILIZATION LS 1 $ 2 EXTERIOR CLEANING, SURFACE LS 1 $ PREPARATION, DISPOSAL, AND PAINTING (INCLUDES PAINTING SCHEME) 3 INTERIOR DRY CLEANING, SURFACE LS 1 $ $ PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED 4 INTERIOR WET CLEANING, SURFACE LS 1 $ $ PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED 5 STRUCTURAL REPAIRS AND MODIFICATIONS LS 1 $ $ 6 WELDING, GRINDING, AND REMOVAL OF HR 65 $ $ ERECTION BRACKET SCAB MARKS AND WELD SPATTER 7 FULL NEGATIVE AIR CONTAINMENT LS 1 $ $ 8 SEEDING, INCL SEED, FERTILIZER, MULCH AC 0.4 $ $ AND MINIMUM 4" TOPSOIL TOTAL BASE BID $ ALTERNATE NO. 1 1 DEDUCT FOR SINGLE COLOR LOGO LS 1 $ $ TOTAL ALTERNATE NO.1 $ 0 2015 Stantec 1 193803415 00 41 10 - 3 BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed (name of the person, partnership or corporation submitting this proposal) (business address) (City, State and Zip Code) (Bidder or authorized representative) Date © 2015 Stantec 1 193803415 0041 10-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on 2015. Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: email: © 2015 Stantec 1 193803415 00 41 10 - 5 BID FORM An Individual A Partnership Name (typed or printed): By: (SEAL) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: email: Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: email: END OF DOCUMENT © 2015 Stantec 1 193803415 00 41 10 - 6 BID FORM SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of Lino Lakes, Minnesota (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Repainting Elevated Water Storage Tank No. 1 and related work. Tank No.1 is a 1.0 M. Gallon PDM Hydropillar with 138 Ft. to TCL. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part and is generally described as follows: Repainting of Elevated Water Tank No. 1 for the City of Lino Lakes, Minnesota. ARTICLE 3- ENGINEER 3.01 The Project has been designed by Stantec, (Engineer), 2335 Highway 36 West, St. Paul, MN 55113 who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion A. The Work will be Substantially Completed on or before July 1, 2016, including removal of all equipment and materials from the Site, passing disinfection requirement, filled and hydraulically tested and the restoration of the site as required herein and on the Drawings. B. The Project completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions, on or before August 15, 2016. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 1 Contractor shall pay Owner $300 for each day that expires after the time specified in Paragraph 4.02A for Substantial Completion until the Work is Substantially Complete. B. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $300 for each day that expires after the time specified in Paragraph 4.02B for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on the Total Base Bid of [fill in after contract award]. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.135 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 2 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 3 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. Project Specific Manual. 4. Drawings bearing the following general title: Repainting of Elevated Water Tank No. 1. 5. Addenda (Numbers to inclusive). 6. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 4 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on , 2015 (which is the Effective Date of the Agreement). Owner: Contractor: City of Lino Lakes, Minnesota By: Attest: Address for giving notices: By: Attest: Address for giving notices: License No.: (Where Applicable) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Phone: Phone: Facsimile: Facsimile: Approved as to Form: By: Lino Lakes City Attorney END OF SECTION AGREEMENT FORM © 2015 Stantec 1 193803415 00 52 10 - 6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 1 of 3 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This Page Left Blank Intentionally This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE American Society of Civil Engineers 0 National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 5 Article 2 — Preliminary Matters 6 2.01 Delivery of Bonds and Evidence of Insurance 6 2.02 Copies of Documents 6 2.03 Commencement of Contract Times; Notice to Proceed 6 2.04 Starting the Work 7 2.05 Before Starting Construction 7 2.06 Preconstruction Conference; Designation of Authorized Representatives 7 2.07 Initial Acceptance of Schedules 7 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 8 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 9 3.05 Reuse of Documents 10 3.06 Electronic Data 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 — Bonds and Insurance 16 5.01 Performance, Payment, and Other Bonds 16 5.02 Licensed Sureties and Insurers 16 5.03 Certificates of Insurance 17 5.04 Contractor's Insurance 17 5.05 Owner's Liability Insurance 19 5.06 Property Insurance 19 5.07 Waiver of Rights 20 5.08 Receipt and Application of Insurance Proceeds 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace 21 5.10 Partial Utilization, Acknowledgment of Property Insurer 22 Article 6 - Contractor's Responsibilities 22 6.01 Supervision and Superintendence 22 6.02 Labor; Working Hours 22 6.03 Services, Materials, and Equipment 23 6.04 Progress Schedule 23 6.05 Substitutes and "Or -Equals" 23 6.06 Concerning Subcontractors, Suppliers, and Others 26 6.07 Patent Fees and Royalties 27 6.08 Permits 28 6.09 Laws and Regulations 28 6.10 Taxes 28 6.11 Use of Site and Other Areas 28 6.12 Record Documents 29 6.13 Safety and Protection 29 6.14 Safety Representative 30 6.15 Hazard Communication Programs 31 6.16 Emergencies 31 6.17 Shop Drawings and Samples 31 6.18 Continuing the Work 33 6.19 Contractor's General Warranty and Guarantee 33 6.20 Indemnification 34 6.21 Delegation of Professional Design Services 34 Article 7 - Other Work at the Site 35 7.01 Related Work at Site 35 7.02 Coordination 36 7.03 Legal Relationships 36 Article 8 - Owner's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Replacement of Engineer 37 8.03 Furnish Data 37 8.04 Pay When Due 37 8.05 Lands and Easements; Reports and Tests 37 8.06 Insurance 37 8.07 Change Orders 37 8.08 Inspections, Tests, and Approvals 37 8.09 Limitations on Owner's Responsibilities 37 8.10 Undisclosed Hazardous Environmental Condition 38 8.11 Evidence of Financial Arrangements 38 8.12 Compliance with Safety Program 38 Article 9 - Engineer's Status During Construction 38 9.01 Owner's Representative 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site 38 9.03 Project Representative 39 9.04 Authorized Variations in Work 39 9.05 Rejecting Defective Work 39 9.06 Shop Drawings, Change Orders and Payments 39 9.07 Determinations for Unit Price Work 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 40 9.09 Limitations on Engineer's Authority and Responsibilities 40 9.10 Compliance with Safety Program 41 Article 10 - Changes in the Work; Claims 41 10.01 Authorized Changes in the Work 41 10.02 Unauthorized Changes in the Work 41 10.03 Execution of Change Orders 41 10.04 Notification to Surety 42 10.05 Claims 42 Article 11 - Cost of the Work; Allowances; Unit Price Work 43 11.01 Cost of the Work 43 11.02 Allowances 46 11.03 Unit Price Work 46 Article 12 - Change of Contract Price; Change of Contract Times 47 12.01 Change of Contract Price 47 12.02 Change of Contract Times 48 12.03 Delays 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 49 13.01 Notice of Defects 49 13.02 Access to Work 49 13.03 Tests and Inspections 49 13.04 Uncovering Work 50 13.05 Owner May Stop the Work 51 13.06 Correction or Removal of Defective Work 51 13.07 Correction Period 51 13.08 Acceptance of Defective Work 52 13.09 Owner May Correct Defective Work 52 Article 14 - Payments to Contractor and Completion 53 14.01 Schedule of Values 53 14.02 Progress Payments 53 14.03 Contractor's Warranty of Title 56 14.04 Substantial Completion 56 14.05 Partial Utilization 57 14.06 Final Inspection 58 14.07 Final Payment 58 14.08 Final Completion Delayed 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims 59 Article 15 — Suspension of Work and Termination 60 15.01 Owner May Suspend Work 60 15.02 Owner May Terminate for Cause 60 15.03 Owner May Terminate For Convenience 61 15.04 Contractor May Stop Work or Terminate 61 Article 16 — Dispute Resolution 62 16.01 Methods and Procedures 62 Article 17 — Miscellaneous 62 17.01 Giving Notice 62 17.02 Computation of Times 63 17.03 Cumulative Remedies 63 17.04 Survival of Obligations 63 17.05 Controlling Law 63 17.06 Headings 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 00 72 05 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51 Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 00 72 05 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive fmal payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 00 72 05 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.O1.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold hatmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of fmal payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 00 72 05 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and fmal inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the fmal Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes fmal and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become fmal and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 00 72 05 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 00 72 05 This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.01.A.45 Add the following language at the end of the definition: The Work is considered Substantially Complete when Elevated Tank No. 1 is disinfected successfully, filled with water and is fully operation and allowed to be placed in service. The driveway, grading, and seeding/sodding shall also be in place. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.E: F. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.01.8 Delete Paragraph 2.01.6 in its entirety and insert the following in its place: B. Evidence of Insurance: Before any Work at the Site is started, Contractor shall deliver to Owner, with copies to Engineer and to each additional insured identified in the Supplementary Conditions, certificates of insurance, on forms acceptable to Owner, which reflect the proper evidence of insurance which Contractor is required to purchase and maintain in accordance with Article 5. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.0: D. Separate performance and payment bonds should be submitted utilizing EJCDC Form Number 00610 and 00615 (2007 Editions) or a similar bond form, if approved by Owner. SC -5.03.A Delete Paragraph 5.03.A in its entirety and insert the following in its place: A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance, on duplicate forms acceptable to Owner, which provide evidence that Contractor has purchased and is maintaining the insurance which Contractor is required to purchase and maintain. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803415 00 73 05 - 1 SC -5.04. Add the following new paragraph immediately after Paragraph 5.04.C: D. The limits of liability for the insurance required by Paragraph 5.04 shall provide coverage for not less than the following amounts or greater where required by law and regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory. Owner. Engineer. SC -5.06.A Amend the first sentence of Paragraph 5.06.A. to read: A. Contractor shall purchase and maintain during the entire construction period, a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A.1 through 5.06.A.7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds, as their interest may appear, and adjust the loss with the insurance company. SC -5.06.A Add the following new item immediately after Item 5.06.A.7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work, but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803415 00 73 05 - 2 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.08.A. Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 1." ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.B. Amend the first sentence of Paragraph 10.05.A by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.A by replacing the words "60 days" with the words "30 days." ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A. Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the word "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.B.5 Add the following new item immediately after Item 14.02.B.5.d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.02 Add the following new paragraphs immediately after Paragraph 16.01: SC -16.02 Mediation A. Owner and Contractor agree that they shall submit any and all unsettled claims or counterclaims, disputes, or other matters in question between them arising out of, or relating to, the Contract Documents, or the breach thereof -'to mediation by the American Arbitration Association, or other person or entity mutually agreed upon by the parties, prior to either of them initiating against the other a demand for arbitration pursuant to Paragraph SC -16.03 or litigation, unless delay in initiating arbitration or litigation would irrevocably prejudice 1 of the parties. The 30 day time limit within which to file a demand for arbitration as provided in Paragraphs SC -16.03.B and SC -16.03.0 shall be suspended with respect to a dispute submitted to mediation within that time limit, and shall remain suspended until 10 days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC -16.03 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of, or relating to, the Contract Documents, or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), not resolved under the provisions of Paragraph SC -16.02, and which involve an amount in controversy not more than $100,000, will be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, subject to the limitations of this Paragraph SC 16.03. The arbitrators will not have jurisdiction, power, or authority to SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803415 00 73 05 - 3 consider any claim or dispute where the amount in controversy is more than $100,000 (exclusive of interest and costs). This Agreement to arbitrate and any other Agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. No demand for arbitration of any claim or counterclaim, dispute, or other matter that is required to be referred to Engineer initially for decision in accordance with Paragraph 9.09 will be made until the earlier of: (i) the date on which Engineer has rendered a written decision, or (ii) the 31st day after the parties have presented their final evidence to Engineer if a written decision has not been rendered by Engineer before that date. No demand for arbitration of any such claim or counterclaim, dispute, or other matter will be made later than 30 days after the date on which Engineer has rendered a written decision in respect thereof in accordance with Paragraph 10.05; and the failure to demand arbitration within said 30 -day period will result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. C. Notice of the demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator, and a copy will be sent to Engineer for information. The demand shall state that the amount in controversy is less than, or equal to, $100,000 and identify with reasonable specificity the legal and factual basis therefore. The demand for arbitration will be made within the 30 day period specified in Paragraph SC 16.03.B, and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statute of limitations. D. Except as provided in Paragraph SC 16.03.E, no arbitration arising out of, or relating to, the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's Consultants, and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law, or fact, which is common to those who are already parties to the arbitration and which will arise in such proceedings; and 3. the written consent of the other individual or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. E. Notwithstanding Paragraph SC 16.03.D, if a claim or counterclaim, dispute, or other matter in question between Owner and Contractor involves the work of a subcontractor, either Owner or Contractor may join such subcontractor as a party to the arbitration between SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803415 00 73 05 - 4 Owner and Contractor hereunder. Contractor shall include in all subcontracts required by Para -graph 6.06.G a specific provision whereby the subcontractor consents to being joined in arbitration between Owner and Contractor involving the work of such subcontractor. Nothing in this Paragraph SC -16.03.E, nor in the provisions of such subcontract consenting to joinder, shall create any claim, right, or cause of action in favor of subcontractor and against Owner, Engineer, or Engineer's Consultants that does not otherwise exist. F. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. END OF DOCUMENT SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803415 00 73 05 - 5 This Page Left Blank Intentionally SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Repainting of Elevated Water Tank No. 1. B. Description of work: The Work is generally described as follows: Repainting Elevated Water Storage Tank No. 1 and related work. Tank No.1 is a 1.0 M. Gallon PDM Hydropillar with 138 Ft. to TCL. 1.03 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. C. Milestones: Failure to correct defective work constitutes a Milestone failure, and is subject to liquidated damages set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities and easements are shown on the Drawings and materials are to be removed from these areas upon completion of Work. 2. Work space is very limited within the Project area. If additional space is needed, obtain and pay for such space off Site. 3. All Work is to be within public right-of-way or easements. a. If Contractor wishes to use additional areas outside right-of-way for construction purposes, they shall be solely responsible for all expenses associated with such use. b. Contractor shall provide written proof of permission to utilize lands outside right-of- way to both Owner and Engineer prior to using such lands. 4. Adjacent private properties a. No trespassing on adjacent private properties. © 2015 Stantec 1 193803415 SUMMARY 01 10 00 - 1 b. Keep construction trash and debris from encroaching onto adjacent private properties. c. Respect the rights of adjacent property owners, especially those living in residential properties affected by the Work. 1) Prohibit use of foul or objectionable language. 2) Avoid display of offensive materials. 3) Treat residents courteously during interactions. 5. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 6. Keep existing driveways and entrances clear and available to the public and to the Owner. 7. Working Hours a. All Work shall be accomplished between the hours of 7 A.M. and 7 P.M., Monday through Friday, and 9 A.M. to 5 P.M. on Saturday. Construction outside of the working hours must be authorized in writing by the Owner or its representative. b. No construction activity will be permitted on Sundays or holidays, unless necessitated by an emergency or authorized in writing by the Owner or its representative. c. The Contractor must comply with all state requirements and City ordinances to construct this Project. d. This time frame includes all street sweeping, starting (warming up) of machinery, delivery of Project equipment and materials, servicing and fueling of machinery. 8. The Contractor shall conduct the Work in a manner and sequence that will ensure the least interference with traffic, with due regard given to the provisions for handling traffic. 9. Work shall not commence to the prejudice or detriment of work already started. The Engineer may require the Contractor to finish a section on which work is in progress before starting Work on any additional sections if the opening of that section to traffic is essential for public convenience. 10. All trenches and holes created by construction must be backfilled at the end of each day. No open trenches shall be allowed on the Site overnight. B. Access to Site 1. Access to this work site is restricted by an electronically controlled gate. The Owner will make accommodations for Contractor's free passage. 1.07 AWARD OF THE CONTRACT A. The Owner reserves the right to retain the 3 lowest Bids for a period of 60 days after the Bid Date before making award. Only 1 award will be made, that being the lowest responsible Bidder for the Total Base Bid, found to be in the best interest of the City, and with or without consideration of Alternate Bid Items. B. The Owner reserves the right to reject any or all Bids, to waive any informality or minor defects where acceptance, rejection or waiving of such is deemed in the best interest of the Owner, and to accept the Bid deemed most favorable to and/or in the best interest of the Owner. 1.08 PERMITS A. The Contractor shall obtain any and all permits required for the Work, including the Minnesota Department of Health and Minnesota Department of Natural Resources and © 2015 Stantec 1 193803415 SUMMARY 01 1000-2 comply with the conditions of the permit. Any costs to obtain permits and abide by permit conditions are incidental to the Project. 1.09 PRE -CONSTRUCTION CONFERENCE A. A pre -construction conference will be scheduled after the Owner has awarded the Project and Contracts are executed. Material, material sources, construction methods, and scheduling will be reviewed and any questions or procedures will be clarified. 1.10 UTILTIES A. Underground utilities may exist within and adjacent to the Site. It shall be the responsibility of the Contractor to contact all utility companies through Gopher State One -Call (651-454-0002) prior to construction to determine exact location of utilities. 1.11 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUES 290.92 AND 290.97 AND CONSENT OF SURETY A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors, if utilized, shall complete Minnesota Department of Revenue Revised From IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State Of Minnesota and any of its Political or Government al Subdivision, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholding.tax@state.mn.us. B. Upon completion of the Project and prior to the Final Payment, the Contractor shall submit an original Consent of Surety to Final Payment from the Contractor's bonding company. C. Upon completion of the project provide lien wavers from the Contractor and all subcontractors. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2015 Stantec 1193803415 SUMMARY 01 1000-3 This Page Left Blank Intentionally SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. 1. Alternate No. 1: Paint the City Logo in a solid color in lieu of base bid color Logo. Refer to Drawings and Section 09 91 55 for work scope. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. PART2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193803415 01 20 00 - 1 This Page Left Blank Intentionally SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Permit requirements. 1.02 PERMITS A. Comply with the stipulations of the following permits, which have been applied for, and will be furnished by the Owner: 1. Minnesota Department of Health (MDH) permit. B. Pay for and comply with the provisions of the following permits: 1. City and State building permits. 2. Electrical permits and inspection fees. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 193803415 01 31 00 - 1 This Page Left Blank Intentionally SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. PART 2 EXECUTION 2.01 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8-1/2 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals 6. A 4 -inch by 4 -inch blank space for Engineer's stamp. D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will after installation or incorporation into the Work conform to the information given in the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will after installation or incorporation into the Work conform to the information given in the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not after installation or incorporation into the Work conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall revise submittal and conform to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. SUBMITTAL PROCEDURES © 2015 Stantec 1 193803415 01 33 00 - 1 F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 percent mark-up. 2.02 OPERATION AND MAINTENANCE MANUALS A. Conform to the requirements of Section 01 78 23. 2.03 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 2.04 WELDING CERTIFICATES A. Submit welding certificates for each person by name assigned to do field welding of materials installed under this Contract. Certificates shall indicate that each person has passed tests specified by AWS and shall be submitted prior to execution of any welding. 2.05 WARRANTIES A. Conform to the requirements of Section 01 78 36. END OF SECTION SUBMITTAL PROCEDURES © 2015 Stantec 1 193803415 01 33 00 - 2 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2015 Stantec 1 193803415 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2015 Stantec 1 193803415 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: 2. All other Work and costs of the Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. PART 2 PRODUCTS Not Used. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803415 01 50 00 - 1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 50 75 Percent of original contract amount earned -100 100 2. All other Work and costs of the Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. PART 2 PRODUCTS Not Used. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803415 01 50 00 - 1 PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor trailers or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventer or assembly from Owner. Return to Owner at completion. Pay City charge/deposit for meter use during construction. City will refund deposit. The City will not charge for the water; conserve water. C. Temporary Electricity 1. Provide all necessary temporary electric service and temporary wiring needed for construction activities. Contractor shall pay for all temporary electricity. 2. Contractor may use permanent electric service with Owner permission. Contractor shall pay for all electrical usage until Substantial Completion. After Substantial Completion, Owner will pay for electricity. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. B. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803415 01 50 00 - 2 SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. B. Measurement and Payment 1. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. 8. Consent of Surety. 9. Release of liens, or a Bond satisfactory to the Owner, if Contractor cannot obtain a lien for any work or materials furnished. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. EXECUTION REQUIREMENTS © 2015 Stantec 1 193803415 01 70 00 - 1 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 EQUIPMENT VARIATIONS A. Contractors are advised that because of manufacturer's variations in equipment design changes from Drawings in piping arrangement and layout, electrical and control from Drawings in piping arrangement and layout, electrical and control circuitry, and related dimensions of equipment foundation and anchorage details, may be required for equipment installations. B. Equipment requiring minor deviations in the system layout, such as minor piping revisions, will be acceptable; however, the Contractor shall include all costs associated with the deviation in their Bid. Should the deviation require revisions in the design of the facility, the Contractor shall reimburse the Owner for the cost of any redesign. 3.04 COMPENSATION FOR INCREASE OR DECREASE IN QUANTITIES A. The Contractor's Bid Unit Prices as shown on the Bid Form shall apply to all Bid Items independent of any quantity change. 3.05 ADDITIONS OR DELETION OF ITEMS A. The City reserves the right to delete any Bid Item or complete sections of work form the Contract without additional compensation to the Contractor. 3.06 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. EXECUTION REQUIREMENTS © 2015 Stantec 1 193803415 01 70 00 - 2 E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 24 hours from the Notice to clean Site. After the 24-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.07 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.08 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification section. 3.10 OUT-OF-STATE CONTRACTOR SURETY DEPOSIT A. When an out-of-state contractor enters into a contract that exceeds $100,000, the Contractor must file Form SD -E, Exemption from Surety Deposits for Out -of -State Contractors, with the Minnesota Department of Revenue. B. If the Contractor is exempt from the surety deposit requirements, he shall provide the City with a copy of the form showing the Revenue Department certification. C. If the Contractor is not exempt, the City will withhold an additional 8 percent of each payment made to the Contractor and forward those funds to the Minnesota Department of Revenue. D. Forms and information can be obtained by calling (651) 296-6181 or (toll free) 1-800-657-3777. EXECUTION REQUIREMENTS © 2015 Stantec 1 193803415 01 70 00 - 3 3.11 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholding.tax@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2015 Stantec 1193803415 01 70 00 - 4 SECTION 01 78 23 OPERATION AND MAINTENANCE MANUALS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for Operation and Maintenance Manuals. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. PART2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit 1 preliminary set of Operation and Maintenance Manuals for review by the Engineer. Engineer will review and return to the Contractor this set marked "Reviewed," "Reviewed as Noted," or "Revise and Resubmit" consistent with Section 01 33 00. After the Operation and Maintenance Manuals have been corrected, submit final sets. B. Submit 2 Paper and 2 electronic CD copies of the approved and final sets of detailed equipment drawings and explicit instructions on the operation and maintenance in PDF Format of each piece of equipment furnished on the Project. 3.02 OPERATION AND MAINTENANCE MANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel, including drives, motors, controls, etc. All information shall be supplied by the appropriate equipment manufacturers, neatly bound in rigid cover ring type binders by the Contractor, and properly indexed. Manuals shall include record shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. OPERATION AND MAINTENANCE MANUALS © 2015 Stantec 1 193803415 01 78 23 - 1 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. 4. Complete instruction on lubrication, testing, balancing, etc. 5. List of recommended lubricants. 6. Step-by-step instructions for repair or overhaul. 7. Parts list and parts diagram. 8. Wiring diagrams. 9. Copy of approved/revised shop drawings. 10. Listing of spare parts the Owner should keep on hand as recommended by the manufacturer. 11. Name and phone number of supplier where repair parts or additional information can be obtained. B. Each manual shall be specific for the items actually installed. Where manuals show a number of models or options, the manual shall be clearly marked to indicate what was furnished and which instructions apply to the furnished unit. C. Superfluous information pertaining to other models, options, etc. not furnished shall be clearly crossed out or otherwise eliminated. Failure to meet this Section of the Specifications will result in payment reduction. END OF SECTION OPERATION AND MAINTENANCE MANUALS © 2015 Stantec 1 193803415 01 78 23 - 2 SECTION 01 78 36 WARRANTIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Warranties for the Work of this Project. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Bind in commercial quality, 8.5 inches by 11 inches, 3 -ring side binders with hardback, cleanable, plastic covers. B. Table of Contents: Provide neatly typed, Table of Contents matching that of the Project Specifications with each item identified with the number and title of the Specification Section in which specified and the name of the product or work item. C. Label cover of each binder with typed or printed title WARRANTIES with title of Project; name, address, and telephone number of Contractor and equipment supplier; and name of responsible principal. D. Separate each warranty keyed to the Table of Contents listing. Provide full information using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal. 1.04 PREPARATION OF WARRANTIES A. Obtain warranties executed in duplicate by responsible subcontractors and suppliers within 10 days of completion of the application item or Work. Leave date of beginning of time of warranty blank until the Date of Substantial Completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co -execute submittals when required. D. Retain warranties until delivery time indicated below. 1.05 DELIVERY A. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. © 2015 Stantec 1 193803415 WARRANTIES 01 78 36 - 1 B. Within 10 days after Engineer's declared and written confirmation of the Date of Substantial Completion. C. For items of Work when acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. 1.06 LENGTH OF WARRANTY A. All Work and equipment furnish under this Contract shall be warranted by the Contractor for a minimum period of two years. B. Refer to individual Sections for specific warranty periods that extend beyond the minimum length identified in 1.06.A above. C. Length of Warranties: refer to 1.06 paragraphs A and B above. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION © 2015 Stantec 1 193803415 WARRANTIES 01 7836-2 SECTION 01 92 00 FACILITY OPERATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedural requirements for starting and placing in service systems and equipment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Bid. 1.03 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Operating data and field-testing results. 2. Start-up schedule for equipment and systems. 3. Disinfection plan. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Provide checkout services, start-up, demonstration, and training for each individual piece of equipment. B. Provide checkout services, start-up, demonstration, and training for each system. C. Provide checkout services, start-up, demonstration, and training for Project as a functioning whole. D. Multiple mobilizations and service trips will be required. 3.02 DISINFECTION A. Prior to placing the facility into operation, Contractor shall thoroughly clean and disinfect in accordance with AWWA C653 all tankage and piping, and all materials, that come into contact with potable water. B. Disinfection of the tankage shall be in accordance with AWWA Standard C652, "Disinfection of Water Storage Facilities." C. Disinfection of all piping shall be in accordance with AWWA Standard C651, "Disinfecting Water Mains." FACILITY OPERATION © 2015 Stantec 1 193803415 01 92 00 - 1 D. Method of disinfection shall be the direct application of a solution of 200 mg/I available chlorine to all parts of the tankage and vessels which could be in contact with the water when the facility is in operation. E. After chlorination and before the facility is placed in operation, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater. If the sample is negative, then the facility can be placed into service. If there is a presence of coliform, repeat samples shall be taken until 2 consecutive samples are negative or the facility shall be re -disinfected using the above-specified method. F. Bacterial tests will be taken by an independent laboratory designated by Owner. Initial tests will be paid for by Owner. Any retesting required because of failure to meet the specified quality shall be paid for by Contractor. G. Contractor shall provide a Disinfection Plan. The plan shall include details on water supply for flushing, flushing process, disposal of flushed water, flushing tap locations, and disinfection methods and locations. The plan shall also identify flushing velocities. Flushing velocities below 4 feet per second or above 10 feet per second shall not be acceptable. 3.03 SERVICE REPRESENTATIVE A. Provide qualified service representatives as necessary to inspect equipment after it is installed to assure that all details of installation are correct, to confirm that equipment is prepared for operation in accordance with manufacturer's instructions and recommendations, and to confirm that equipment is ready for incorporation into other systems and along with all components of the Work. B. Qualified service representative shall check connections to equipment and adjust, or supervise adjustment of control and indicating devices after equipment has been installed and connected, and to fully instruct Owner's operating personnel in operation and maintenance of equipment. C. Provide qualified service representatives to supervise preliminary operation of equipment, such as motor rotation, and provide such adjusting, balancing, vibration isolation, water hammer, etc. as required. 3.04 CHECK OUT SERVICES A. Prepare all equipment installed under this Contract for operation. B. Follow instructions and recommendations of service representatives representing manufacturers of equipment installed and make adjustments necessary for proper operation. C. Rotating equipment shall be checked for vibration and equipment bases grouted prior to start-up. Rotation shall be verified. D. All electrical and mechanical systems shall be thoroughly checked and system operation simulated prior to start-up to minimize malfunctions during start-up. E. Equipment shall be lubricated prior to operation in accordance with manufacturer's instructions. FACILITY OPERATION © 2015 Stantec 1 193803415 01 92 00 - 2 F. Provide Owner a minimum of 1 -week notice prior to checkout procedures so that operating personnel can be scheduled to participate. G. Operation and Maintenance Manuals must be approved by the Engineer prior to checkout services on equipment. 3.05 SYSTEM AND EQUIPMENT START-UP AND DEMONSTRATION A. Provide written certification that checkout services have been completed and 1 -week notice prior to start-up and demonstration. B. Place various items of equipment into operation along with related piping and control systems at times acceptable to Owner. After satisfactory start-up of these systems and their related equipment, they will remain in continuous or intermittent operation as required by the Owner. C. All equipment and accessories shall be adjusted and calibrated prior to any start-up and any equipment placed into temporary operation prior to Final Completion of the Total Project shall be readjusted and/or recalibrated as necessary. D. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and/or systems during start-up. E. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and/or systems during a period of 3 calendar days after the new equipment and/or system is placed in operation. Contractor shall remain responsible for making any required changes, repairs, or replacements to the new installation for a period of 3 calendar days after the Project is determined to be Substantially Complete. F. No system start-ups will be held on holidays, Fridays, or the day before a holiday. 3.06 INSTRUCTION OF OWNER'S EMPLOYEES A. Following start-up and demonstration, the Contractor shall provide competent personnel who fully understand the operation of the equipment to instruct the Owner in the operation and maintenance of each item and system. B. Such instruction shall take place prior to acceptance of the installation by the Owner, at such a time or times that are acceptable to Owner. C. Training time requirements for equipment and systems are included within these Specifications. The stated training times are the time required for operator instruction only. Time spent for checking systems, testing, balancing, calibration, and start-up are not considered instruction or training time. D. The time of instruction specified shall be time actually spent at the Site and shall not include travel time. One day shall be considered 8 hours. END OF SECTION FACILITY OPERATION © 2015 Stantec 1 193803415 01 92 00 - 3 This Page Left Blank Intentionally SECTION 09 91 55 WATER TOWER REPAINTING PART1 GENERAL 1.01 SECTION INCLUDES A. Cleaning, surface preparation, and application of paint to the Eastside 150,000 gallon elevated reservoir in the following designated areas: 1. Interior Wet Coating. 2. Interior Dry Coating. 3. Exterior Coating. B. Painting City Name Sign at 2 locations each on elevated tank. Refer to City Name Sign shown in Figure 3 at the end of these specifications. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Separate Lump Sum Bid Items are provided for the following: a. Exterior cleaning, surface preparation, disposal, and painting (including City Name Signs). b. Interior wet cleaning, surface preparation, disposal, and painting. c. Interior dry cleaning, surface preparation, disposal, and painting. (including piping in pit). d. Full, Negative -Air Containment. e. The Site work defined in this Section shall be included in the Lump Sum Bid for Mobilization. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 RELATED SECTIONS A. Section 00 31 00 — Available Project Information. B. Section 33 01 16 — Steel Water Reservoir Repairs. 1.04 SUBMITTALS A. General: Contractor shall provide colors as specified. B. Shop Drawings: Contractor shall submit shop drawings for the following: 1. Paint, including quantities provided. 2. Blasting Media. 3. Containment Plan. 4. TCLP Sampling Plan. C. Shop Drawings shall be submitted in accordance with Section 01 33 00. 1.05 QUALITY ASSURANCE A. Paint Manufacturer: The products as specified in Part 2 are to be used on this Project. Substitution can be made only with Pre -Bid written approval of the Engineer following submittal of written WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 1 information indicating that the products offered are equal in quality and type to those specified and have a proper record of satisfactory service under similar conditions on projects in Minnesota. All paint shall be applied in accordance with the manufacturer's recommendations. B. Qualifications of the Workers: All workers employed on the Site shall be skilled in the use of the equipment and materials used for this Project. An experienced superintendent or foreman shall be present at all times during the execution of this Work who shall be thoroughly familiar with the specified requirements and the materials, and method needed for their execution and who shall direct all Work performed under this Section. C. Inspection: The Contractor shall notify the Owner and Engineer not less than 24 hours prior to blasting, priming, or application of finish coat. The Resident Project Representative may inspect the blast -cleaned surfaces before application of the field primer. Any areas not sufficiently cleaned shall be re -cleaned as directed by the Resident Project Representative. The Resident Project Representative will also inspect the primed and final coat surfaces for minimum, average and maximum dry film thickness requirements. Any areas not meeting the requirements shall be repainted as directed. Painting work will be inspected by KLM Engineering, Inc. D. Holiday Testing: The Contractor shall Holiday Test all interior wet surfaces below the high water line (HWL) with a wet -sponge low -voltage holiday detector after the interior wet coating has cured in compliance with the manufacturer's recommendations. All holidays found shall be repaired and retested to ensure a holiday, pin-hole free surface. 1.06 PRODUCT HANDLING A. Delivery and Storage: The material shall be delivered to the Site in the original, new, and unopened containers bearing the manufacturer's name and applicable label information. Material shall be properly stored and protected to prevent damage to or deterioration of the paint material. Empty containers shall be kept at the Site to confirm the quantities of each type of paint used and shall be removed only after this verification is confirmed by the Engineer. 1.07 EXISTING PAINT A. The tank original construction was 1992. The existing interior wet, interior dry, and exterior paint coatings were applied in 1992 when the tower was constructed: 1. Interior Wet & Dry Surfaces: a. Epoxy System. 2. Exterior Surfaces: a. Epoxy/Urethane System. 1.08 EXISTING CONDITIONS A. The intent of this project is that the City will force the 4 antenna vendors present on this tank to remove their equipment to the extent necessary to paint the water tower. WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 2 PART 2 PRODUCTS 2.01 PAINT MANUFACTURER A. The paint and paint products of the Tnemec Company shall be used, or equal by Sherwin-Williams. 2.02 PAINT SYSTEM AND COLOR A. Interior Wet: 1. First Coat - Tnemec Hydro -Zinc Series 91H20. 2. Second Coat - Tnemec Pota-Pox Plus Series N140/N140F - Tnemec White 00WH. 3. Third Coat - Tnemec Pota-Pox Plus Series N140/N140F - Tank White 15BL. 4. Stripe Coat - An additional brushed stripe coat of Series N140 is required on all weld seams below the HWL. B. Interior Dry: 1. First Coat - Tnemec Hydro -Zinc Series 91H20. 2. Second Coat - Tnemec Pota-Pox Plus Series N140/N140F - Tnemec White 00WH. 3. Third Coat - Tnemec Pota-Pox Plus Series N140/N140F - Tank White 15BL. C. Exterior: 1. First Coat - Tnemec Hydro -Zinc Series 91H20. 2. Second Coat - Tnemec Hi=Build Epoxoline Series 66 or Tnemec-Fascure Series 161. 3. Third Coat - Tnemec Endurashield Series 73 - color to be noticeably different but compatible with the finish coat color. 4. Fourth Coat - Tnemec HydroFlon Series 700 or 701 -color to be selected by Owner from standard color chart. 5. City Name Sign and Logo- third and fourth coats per above, color scheme to match Figure No. 3 and color of lettering to be solid and selected by Owner. Base Bid for exterior painting shall include two City name signs with color scheme as indicated on Figure 3. Centerline location of the two new logos shall be determined in the field by the Owner. An Alternative Deduct Bid has been provided for on the bid form. This alternate deduct shall be for painting the Name Sign and Logo in a single color. 2.03 PERFORMANCE REQUIREMENTS A. Series 91-H20 Tnemec-Zinc 1. Adhesion - ASTM D 4541 (Method E, Type V Tester). a. No less than 2,000 psi adhesion. 2. Salt Fog - ASTM B 117 a. No blistering, cracking or delamination of film. No more than 1/8" creepage at scribe and no more than 1 percent rusting on plane after 50,000 hours exposure. B. Series N140 Pota-Pox Plus 1. Humidity - ASTM D 4585. a. No blistering, cracking, rusting or delamination of film after 10,000 hours exposure to 100 percent RH at 100F. 2. Immersion - ASTM D 870. a. No blistering, cracking, rusting or delamination of film after 2,000 hours continuous immersion in deionized water at 140 degrees F. 3. Moisture Vapor Transmission - ASMT D 1653. a. No more than 0.31 US Perms. WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 3 C. Series 700 HydroFlon 1. Exterior Exposure - ASTM D 4141, Method C (EMMAQUA). a. No blistering, cracking or chalking. No less than 80 percent gloss retention, no more than 10 units gloss loss and no more than 0.45 DEHunter color change after 3,500 MJ/m2 EMMAQUA exposure (UV). 2. Cleanability - MIL -PRF -85285D Section 4.6.13. a. No less than 95% cleaning efficiency. 3. Graffiti Resistance - acrylic spray paint, epoxy spray paint, Markette marker, ball point ink, crayon, lipstick applied with 7 day cure. a. Complete removal. 4. Abrasion — ASMT D 4060 (CS -17 Wheel, 1,000g Load). a. No more than 110mg loss after 1,000 cycles. PART 3 EXECUTION 3.01 PREPARATION OF SURFACE A. Interior Wet Surface: The entire wet interior surface of the tank shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or loose material. Cleaning shall be done in accordance with the Society for Protective Coatings Specification SSPC-SP-10, Near -White Blast Cleaning with a minimum angular anchor profile of 2.0 mils. Before any primer or paint is applied, metal surface shall be completely dry, dust free, inspected and approved by the Resident Project Representative. All structural repairs must be completed prior to final surface preparation procedures. B. Exterior Surface: The entire exterior surfaces of the tank shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or loose materials before any primer or coating is applied. Cleaning shall be done in accordance with the Society for Protective Coatings Specification SSPC- SP-6, Commercial Blast Cleaning with a minimum angular anchor profile of 2.0 mils. Before any primer or coating is applied, metal surfaces shall be completely dry, dust free, inspected, and approved by the Resident Project Representative. All structural repairs must be completed prior to final surface preparation. Full negative air containment will be required per Article 3.02. C. Dry Interior Surface: The interior dry surfaces that are subjected to condensation of the tank shall be cleaned of all paint, grease, oil, rust, mill scale, and other foreign or loose materials before any primer or coating is applied. These areas include the drywell tube, the bowl, the top 2 feet of the fluted support column, the top side of the condensate ceiling, the water piping in the tank and in the valve pit, and any random coating failures as well as areas of structural modifications. For bidding purposes, it is estimated that there are approximately 7,500 square feet of surface that will require surface preparation and painting. Cleaning shall be done in accordance with the Society for Protective Coatings Specification SSPC-SP-6, Commercial Blast Cleaning with a minimum angular anchor profile of 2.0 mils. Interior dry surfaces of the tank blasted to a SSPC-SP-6, Commercial Blast Cleaning shall be feathered into the existing paint system according to SSPC-SP- 3-82 Power Tool Cleaning. Before any primer or coating is applied, metal surfaces shall be completely dry, dust free, inspected, and approved by the Resident Project Representative. All structural repairs must be completed prior to final surface preparation. 3.02 EXTERIOR SANDBLAST CONTAINMENT A. The Contractor shall be fully responsible to provide full containment as required of the exterior tank abrasive blasting operation, including top bonnet or cover to prevent the drift of spent abrasive and existing exterior paint removed onto adjacent property, streets, or structures. WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 4 Therefore, containment and disposal per State and Federal Regulations will be mandatory. The Contractor must submit for review and approval to the Engineer and Owner a written plan outlining all the details and equipment the Contractor plans to employ for compliance with the requirements for full containment. In conjunction with full containment, the Contractor shall be responsible to provide adequate dust collection and negative air to the containment system to prevent the release of emissions to the environment and to provide a reduction of dust exposure for workers. B. Recover, remove, and properly dispose all spent abrasives, dust, dirt, paint chips, spent solvent paint containers, and other waste materials, etc. as specified in Article 3.09 of this Section. C. The Contractor expressly agrees to obey the verbal or written direction and instruction of the Engineer, Resident Project Representative, or Owners Representative in determining when the exterior sandblasting operation may proceed or must be suspended due to excessive winds or drift of dust, spent abrasive, and paint chips outside the area of containment. D. Screens used for containment shall be inspected and approved for use by the Engineer, Resident Project Representative, or Owners Representative. Wind screens used for containment shall be solid screens. They shall be UV stabilized, weather and solvent resistant. E. The Contractor shall be fully responsible to provide 100 percent impervious ground coverage in all areas adjacent to the tank for the purpose of ensuring recovery of (a minimum) 95 percent of all spent abrasive, removed paint, and debris from the abrasive blast operation until TCLP testing proves that product is not classified as hazardous. Ground cover shall consist of reinforced plastic or canvas tarps sufficiently overlapped and secured to prevent contamination of the ground by contact of the abrasive and paint chip debris. F. A full containment plan shall be submitted outlining all the details, equipment, containment screens, negative air dust removal equipment, containment structure and installation drawings, other equipment, wind loading calculations, containment support calculations and/or other pertinent information, and inhibitor the Contractor's plans to employ with the blasting operation. 1. The full containment plan must be submitted at the preconstruction meeting for approval. Work on the Project will not begin without an approved visible emissions control plan. 2. This containment plan must be in conformance with Minnesota State Rules 7005.1100 through 7005.1130 and 7005-0550 for the control of fugitive particulate matter and visible emissions. G. The Base Bid includes installing containment shroud lugs for full containment. Containment shroud lugs shall be as recommended for the TEPE Containment Shroud System as manufactured by K & L Manufacturing/Eagle Industries. Containment lugs/mounting pads shall be seal welded to the tank roof. All edges of the lugs/mounting pads shall be ground to a 1/8 inch or greater radius. 3.03 BLAST CLEANING A. Use proper equipment and abrasives when blast cleaning to produce the mil profile recommended by the coating manufacturer. Do not re -use silica sand or flint abrasives. B. The abrasive used shall be of the type that is graded as to proper size, shape, and hardness. It shall be free of contaminants and shall not embed itself in the blasted surface. Silica sand, flint, garnet, or quartz type abrasives shall be chemically washed; dried; dust, dirt, and fines free; resistant to fracture (shattering); and contain no leachable contaminants. Synthetic Carbide, Aluminum Oxide, and Refractory Slag products shall meet the above criteria. THE USE OF REDUCED OR DUST FREE ABRASIVE FOR BLASTING IS REQUIRED FOR BLASTING OF EXTERIOR SURFACES DUE TO CONTAINMENT AND THE CLOSE PROXIMITY OF BUILDINGS AND STREETS. WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 5 Prior to start-up of the Project, samples of the Contractor's selected abrasive shall be submitted to the Engineer for testing and approval. Random field testing of the abrasive shall be done as directed by the Engineer to ensure the abrasive used complies with these requirements. C. All compressed air supply shall be properly equipped with suitable oil and moisture separators to prevent contamination of abrasive and/or blasted surfaces. These separators shall be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and/or blasted surfaces, it is recommended that the separators be installed at both the compressor air outlet and the blasting pot compressed air inlet. D. Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive, and other foreign matter from and around all blasted surfaces (including rigging and equipment) and to allow the atmosphere to clear before any coating is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention given to welds, pockets, poorly accessible areas, or any overhead areas. E. Apply the first coat to all prepared surfaces, except that there shall remain uncoated a 3 inch to 4 inch border of blasted steel at the end of each work day. When blast cleaning resumes the following work day, this border shall be reblasted up to and including 1 inch to 3 inches of the previous primer coating. F. Take extra care during all blasting operations to prevent damage or abrasive impingement upon previously applied coated areas. G. A prime coat shall be applied within 8 hours after sandblasting. When the humidity exceeds 80 percent, the prime coat shall be applied within 4 hours after sandblasting. If conditions are questionable, the Engineer or Resident Project Representative shall make the decision and the Contractor shall accept his interpretation as final and binding. See Article 3.05 for additional temperature and humidity limitations. H. A daily inspection of the separators and compressed air supply will be required to insure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blotter test. A clean white blotter is held no more than 18 inches from the air supply, down stream of moisture and oil separators. The air supply is directed at the blotter for approximately 2 minutes. The blotter is then examined visually for signs of oil and moisture. A clean blotter at test completion means a successful passing of the air supply test. Failure to pass the compressed air test will be justification for rejection of abrasive blasting performed that day. The Engineers discretion will be final in this determination. 3.04 PAINT APPLICATION A. Wet Interior: 1. Prime Coat: After surface preparations specified above are completed, all wet interior surfaces (interior surfaces of the water compartment) shall receive a coat of Tnemec Series 91H20 Hydro -Zinc primer. Prime coat shall be applied to provide 2.5 mils minimum dry film thickness, an average of 3 -mils dry film thickness, and a maximum of 3.5 -mils dry thickness. 2. Intermediate Coat: All interior surfaces shall then be painted with Tnemec Series N140/N140F Pota-Pox Plus, in 11WH White color, to an additional 4 mils minimum dry film thickness an average of 5 -mils dry film thickness. Maximum total thickness allowed shall be 6 -mils dry film thickness. An additional stripe coat shall be applied to all weld seams below the HWL. 3. Finish Coat: All interior surfaces shall then be painted with Tnemec Series N140/N140F Pota- Pox Plus, in 15BL Tank White color, to an additional 4 mils minimum dry film thickness. Total dry film thickness, including prime, intermediate coat and finish coat, shall not be less than WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 6 10.5 mils at any location and shall not average less than 13 -mils dry film thickness. Maximum total thickness allowed shall be 15.5 -mils dry film thickness. 4. Stripe Coat: All weld seams and grindings below the HWL shall receive 1 additional brush applied stripe coat. The application of this coat shall be applied prior to the second coat with Tnemec Series N 140/N 140F Pota-Pox Plus. B. Dry Interior: 1. Prime Coat: After surface preparations are completed, all interior dry surfaces shall be coated with Tnemec Series 91H20 Hydro -Zinc primer. The prime coat shall be applied to 2.5 mils minimum dry film thickness and 3 mils average dry film thickness, and a maximum of 3.5 -mils dry thickness. 2. Intermediate Coat: The interior tank surfaces shall then be painted with 1 coat of Tnemec Series n140/N140F Pota-Pox Plus. Color to be 15BL — Tnemec White 00WH. The intermediate coat shall be applied to 4 mils minimum dry film thickness and maximum 6.0mils. Total dry paint film thickness, including prime and intermediate coat, shall be not less than 6.5 mils at any 1 point. 3. Finish Coat: The interior tank surfaces shall then be painted with 1 coat of Tnemec Series n140/N140F Pota-Pox Plus. Color to be 15BL — Tank White. The finish coat shall be applied to 4 mils minimum dry film thickness and maximum 6.0 mils Total dry paint film thickness, including prime, intermediate and finish coat, shall be not less than 10.5 mils at any 1 point. Average dry paint film thickness shall not be less than 13.0 mils. Maximum total thickness allowed shall be 15.5 mils dry film thickness. C. Exterior: 1. Prime Coat: After surface preparations are completed, all exterior surfaces shall be coated with Tnemec Series 91H20 Hydro -Zinc primer. The prime coat shall be applied to 2.5 mils minimum dry film thickness and 3 mils average dry film thickness, and a maximum of 3.5 -mils dry thickness. 2. Intermediate Coat 1: All exterior surfaces shall then be painted with Tnemec Hi -Build Epoxoline Series 66 or Tneme-Fascure Series 161, in one shade lighter in color than the intermediate coat 2, to an additional 2 mils minimum dry film thickness, an average of 2.5 -mils dry film thickness. Maximum total thickness allowed shall be 3 -mils dry film thickness. 3. Intermediate Coat 2: All exterior surfaces shall then be painted with Tnemec Series 73 or 1075 Endura -Shield, in one shade lighter in color than the finish coat, to an additional 2 mils minimum dry film thickness, an average of 2.5 -mils dry film thickness. Maximum total thickness allowed shall be 3 -mils dry film thickness. 4. Finish Coat: The exterior tank surfaces shall then be painted with 1 coat of Tnemec Series 700 or Series 701 HydroFlon. Tank Color to be selected by Owner and City Name Sign Colors to be selected by Owner. Two colors will be required. Finish coat shall be applied to provide 2.0 mils minimum dry film thickness, 2.5 mils average dry film thickness, and 3.0 mils maximum dry film thickness. Total dry paint film thickness, including prime, both intermediate coats, and the finish coat, shall be not less than 8.5 mils at any 1 point. Average dry paint film thickness shall not be less than 10.5 mils. Maximum total thickness allowed shall be 12.5 -mils dry film thickness. Painting of foundation bases shall be carried down to a line just above the finish grade of the topsoil or concrete pad. D. General: The primary method of interior paint application shall be by airless spray with brushing and rolling to work paint into seams, defects, joints, etc. Exterior paint shall be applied by brush or roller. No spraying of exterior surfaces will be allowed except within the containment. The Contractor and/or the Contractor's insurance company solely bear all responsibility for damage due to paint over -spray, mist, or splatters. All claims of paint damage shall be promptly resolved by the Contractor and/or the Contractor's insurance company. WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 7 3.05 WORKMANSHIP A. All Work of this Contract shall be done in a workmanlike manner, by skilled personnel experienced in the particular type of work being performed. The coating shall be performed using approved methods, acceptable tools and practices, and shall be performed in a manner satisfactory to the Engineer. B. Proceed with surface preparation and coating application only when air surface temperatures are above the manufacturer's recommended minimum surface temperature in degrees Fahrenheit and below 100 degrees F, and surface temperature is at least 5 degrees above wet bulb air temperature reading. Coating shall not be applied in rain, snow, fog or mist, or when relative humidity exceeds 85 percent. No coating shall be applied when it is expected that the relative humidity will exceed 85 percent or when the air temperature will drop below 50 degrees F (40 degrees F when fast cure products are used) within 8 hours after the application of the coating. If working conditions are questionable, the Engineer shall make the decision and the Contractor shall accept his interpretation as final and binding. The Engineer intends to monitor temperature and humidity to insure Contractor's compliance with the listed conditions. The Contractor shall record the relative humidity, air temperature, and surface temperature upon commencement and completion of coating application for each day said work is undertaken. The daily log shall be submitted to the Resident Project Representative for comparison with the Owner's data and verification or compliance. C. Each coat shall be applied at the specified rate and in the manner recommended by the coating manufacturer and it shall be well worked into the surface to which applied. No laps or brush marks shall show. The film thickness of the coatings will be measured and any readings below the specified film thickness shall be corrected by applying additional coat(s). Where thinning is necessary, only the products of the manufacturer furnishing the coating and for the particular purpose shall be allowed. All thinning shall be done strictly in accordance with the manufacturer's instructions, as well as with the full knowledge and approval of the Engineer. Dry film thickness will be measured be means of the "Mikrotest" gage manufactured by the Nordson Corporation of Amherst, Ohio, or equivalent; and measurements of wet mil thickness will be accomplished by use of the "Nordson" wet film gage or such other gage as the Engineer might determine as being satisfactory. D. Care shall be given to insure a uniform coating carefully worked with a brush around rivet heads, weld seams, scabmarks, plate overlap, joints, and other irregularities in the surface. Each coat shall be allowed to dry thoroughly before the next coat is applied as required by the coating manufacturer's written recommendations. E. If the coating is applied by spraying, use suitable nozzles to provide an adequate supply of air within the proper pressure range to the liquid in the container and to the atomizing nozzle, all as recommended by the coating and equipment manufacturers as being best suited or necessary for the production of good work. All necessary precautions must be taken to avoid spray fallout on and the consequent damage to any works, improvements, or properties of either the Owner or of other parties, wherever located. The Contractor shall be responsible for any and all damage resulting from drifting of the spray. F. No exterior spray painting will be allowed, except as noted. The Contractor shall take necessary precautions to avoid paint fallout on and the consequent damage to any works, improvements, or properties of either the Owner or of other parties, wherever located. The Contractor shall be responsible for any and all damage resulting from drifting of the paint. WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 8 G. If applied by brushing, the coating shall be brushed on in 1 direction and then smoothed in a direction at right angles thereto, so as to produce as uniform thickness of coating and as complete coverage as possible. Such 2 directional brushing shall be considered as "1 coat" within the meaning of these Specifications. H. Sufficient time shall be allowed for each coat to dry properly and in accordance with the manufacturer's recommendations before applying the next coat. All areas cleaned shall be primed within 8 hours of being cleaned. Any areas developing a film or rust shall be re -cleaned before priming. Finish coats of paint shall be free of holidays, runs, drips, or sags. Any areas showing such defects in the prime coat shall be corrected prior to application of the finish coat. Any areas showing defects in the finish coat shall be scraped and repainted to the satisfaction of the Engineer. 3.06 VENTILATION AND SAFETY A. The Contractor shall maintain adequate and continuous explosion -proof ventilation during all surface preparation and coating operations, and during all re -coat and curing periods. This ventilation shall be of the suction type and shall be of sufficient capacity to maintain throughout the tank interior a clear atmosphere that is well below explosive and toxic limits. B. Arrange the ventilation system, including all fans and temporary ductwork, so that fresh air is drawn into the tank at the bottom and is exhausted at the top with an upward air movement pattern within the tank that permits no still air spaces to exist in any area. Give particular attention to floor level or lower spaces, and pocket areas where heavier-than-air solvents and particulate matter are likely to accumulate. Said ventilation shall be sufficient for the removal of dust, coating fumes, or other volatile gases and moisture to such an extent as to prevent any undesirable accumulation and prevent hazard to the workmen or the Work. C. All electrical equipment, tools, and ventilation fans shall be explosion -proof and/or non -sparking and shall be maintained in good working order. Spray equipment shall be as recommended by or acceptable to the coatings manufacturer and shall be thoroughly cleaned before and after use with the appropriate cleaning solvents. D. Provide adequate explosion -proof lighting during all surface preparation and coating operations. This lighting shall be sufficient to illuminate clearly the working area without shadows. E. In the event heating devices are used, they shall be explosion -proof and of the type that do not exhaust sooty or oily residues or any other contaminants into the tank. Only indirect heating units can be used which will not cause the products of combustion to condense. F. Prior to use, store all coating materials in a secure area which shall provide protection from weather and temperature below 60 degrees F. The area shall be maintained in a safe, neat, and clean manner and free from fire, explosion, or other hazards. G. All Work shall be performed in a safe and orderly manner, all in compliance with the standards as prescribed by OSHA and the Minnesota Department of Labor and Industry, Division of Accident Prevention. The Contractor will be required to comply with OSHA Regulations, including 5205.1000 through 5205.1040 and 5067.0300 for Confined Space Entry. Management and supervisory personnel shall be responsible for employee training and compliance with this policy. H. Securing Tank Openings: Adequate grating or grills will be securely attached to all openings not otherwise secured at the end of work each day until Work commences again and during the final cure after all interior coatings have been applied, until such time as the tank is filled with water WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 9 and openings are secured for service. Grills or grates shall be at least 1/4 -inch wire mesh with minimum 2 square inch mesh openings and shall allow adequate free air passage. 3.07 DISINFECTION A. Upon completion of the coating and confirmation that the coating has been properly cured, the inside of the tank shall be thoroughly cleaned and disinfected by use of chlorine applied in a concentrated solution, sprayed over the entire surface and then washed down with clean water in accordance with the specifications of the Minnesota Health Department, and AWWA C652-02, Section 4.3.2: Chlorination Method 2. B. The disinfected surfaces shall remain in contact with the chlorine solution for at least 30 minutes. Then all disinfected surfaces, including the inlet and outlet piping and any drain piping, shall be washed and purged with clean water. Remove all chlorine solution and purge water from the interior. Following this, potable water shall be admitted. C. After chlorination and before the facility is placed in operation, water from the full facility shall be sampled and tested for coliform organisms in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater. If the sample is negative, then the facility can be placed into service. If there is a presence of coliform, repeat samples shall be taken until 2 consecutive samples are negative or the reservoir shall be redisinfected using the above specified method. D. Bacterial tests will be taken by an independent laboratory designated by the Owner. Initial tests will be paid for by the Owner. Any retesting required because of failure to meet the specified quality will be paid for by the Contractor. 3.08 MISCELLANEOUS A. Paint Thickness: Dry film thickness (D.F.T.) readings of the coating are taken to provide reasonable assurance that the specified minimum D.F.T. has been achieved. A minimum of 5 separate spot measurements shall be made over every 100 square feet in area. Each spot measurement shall consist of an average of 3 -gage readings next to each other no further than 6 inches apart. Each spot measurement must meet at least the specified minimum thickness. The single gage readings, however, making up the spot measurements are permitted to be no less than 80 percent of the specified minimum thickness. 3.09 CLEAN UP AND DISPOSAL A. After completion of the tank painting, the Contractor shall remove all excess materials, paint products, blasting sand, and debris of any kind caused by the Project. He shall leave the premises in a neat, clean condition, and shall restore all areas, such as driveways, grass, sod, etc., that have been disturbed by his operations to a condition equal to or better than that which existed when he started the Project. B. The Contractor shall at all times keep the premises free from accumulations of waste material or rubbish caused by his employees or Work. He shall clean-up abrasive material or rubbish on a daily regular schedule as directed by the Engineer. All unneeded construction equipment shall be removed from the Site and all damages, required expeditiously so that the adjacent property is inconvenienced as little as possible. C. During exterior sandblasting and coating operations, the Contractor shall provide adequate protection and containment to prevent damage to adjacent structures and property by his WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 10 operations. The Contractor shall also perform intermittent or periodic clean-up of adjacent grounds to prevent the accumulation of sandblast sand and debris caused by his operations. This shall include but not be limited to sidewalks, streets, driveways, yards, and roof tops. D. The Contractor shall be fully responsible to recover, remove, and dispose of properly all spent abrasives, removed coating and paint, spent solvents, paint containers, and other non-specific waste in accordance with current State and Federal regulations, including but not limited to the 1976 Resource, Conservation and Recovery Act (R.C.R.A.) and its amendments, specifically the 1984 Hazardous and Solid Waste Amendments to R.C.R.A. Disposal of "empty containers" shall be in accordance with R.C.R.A. 40 CFR 261.7 and Minnesota State Regulations. E. The Contractor shall perform timely laboratory testing of waste materials generated on the Site to determine its specific classification for proper disposal in accordance with this Specification and all applicable state and federal regulations. A MINIMUM OF 4 TCLP TESTS SHALL BE PERFORMED, OR MORE IF REQUIRED BY REGULATIONS ON BOTH THE INTERIOR AND EXTERIOR WASTE MATERIALS. TCLP TESTING SHALL BE FOR ALL 8 SPECIFIC CONSTITUENT CONCENTRATIONS (8 HEAVY METAL/ INORGANICS) AS SHOWN IN 40 CFR 261.24, TABLE 1 OR AS AMENDED BY REGULATION. F. The Owner intends to perform timely laboratory testing of waste materials to verify test results taken by the Contractor. In the event of discrepancies in test results and the resultant classification of waste materials, it is agreed by the parties to this Contract, that the Engineer shall perform independent testing and shall determine all questions in relation to the classification of waste materials. The Contractor will be held liable for all supplementary testing, Engineering, and associated Contract Administration cost. G. On or before the completion of Work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery, or other construction equipment placed by him. He shall remove all rubbish from any grounds which he has occupied and shall leave all of the premises and adjacent property affected by the operation in a neat and restored condition satisfactory to the Engineer. Restoration of grass areas shall be as specified in Section 32 92 00. H. No burning of trash (including abrasive bags or other paper or wood products) on the Site shall be permitted. All shielding, abrasive retrieval or other methods of using precautions required by the regulating agencies shall also be accomplished at no additional cost to the Owner, unless otherwise provided herein. Any fines imposed on the Owner or Engineer by any regulatory agency as a result of the Contractors non-compliance with environmental regulations shall be paid or reimbursed by the Contractor. 3.10 SITE CONSTRAINTS A. As shown on the Figure 1 Site Plan, the Contractor shall work within the areas shown on the Drawings. Access to the site is limited and shall be coordinated with the Owner. B. END OF SECTION WATER TOWER REPAINTING © 2012 Stantec 1 193803415 09 91 55 - 11 This Page Left Blank Intentionally SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. SECTION INCLUDES 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. 2. Structure excavation and backfill, including preparation of an improved soil building pad. B. RELATED SECTIONS 1. Section 31 10 00 - Site Clearing. 2. Section 31 23 13 - Subgrade Preparation. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 - Topsoil Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00 - Submittal Procedures: 1. Gradation tests for borrow materials. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, oras modified herein: 1. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. Common Excavation: In locations where the design cross section is in a cut section, common excavation shall be classified as all excavation above the grading grade. In areas where the design cross section is in a fill section, common excavation shall consist of excavation below topsoil stripping. 3. Subgrade Excavation: Excavation below the grading grade. 4. Rock Excavation: Includes rocks exceeding 1 cubic yard that are not decomposed, weathered, or shattered, and which require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb, gutter, and sidewalk). 5. Muck Excavation: Swamp deposits, peat and organic clay (PT or OH per the Unified Soil Classification System). 6. Common Borrow: Inorganic soil which is capable of attaining specified compaction levels, excluding soils which contain organics, contain debris, or are potentially expansive (CH or MH per the Unified Soil Classification System). EXCAVATION AND FILL © 2015 Stantec 1 19380XXXX 31 23 00 - 1 7. Site Grading: The work necessary to bring the Site to a finished grade as shown on the Drawings. Site grading shall be considered to consist of but not limited to all forms of excavation, subgrade preparation, and topsoil stripping and replacement. 1.06 QUALITY ASSURANCE A. Notify Engineer when: 1. Fill or backfilling operations are resumed after a period of inactivity. 2. Subgrade materials consist of unsuitable materials or cannot be compacted to specified limits. 3. Fill material appears to be deviating from Specifications. B. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. C. An Independent Testing Laboratory will perform the following tests: 1. In-place density tests, ASTM D2922. 2. In-place moisture tests, ASTM D3017. D. Costs for initial tests will be paid by the Owner. All costs for retesting required due to failure to meet the specified density shall be paid for by the Contractor. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. Install sod as described in Section 32 92 00, and on the Drawings. PART 2 PRODUCTS 2.01 MATERIALS A. Common Borrow: Conform to Paragraph 1.05.A of this Section. B. Granular Borrow: Conform to MnDOT Spec. 3149.261. C. Select Granular Borrow: Conform to MnDOT Spec. 3149.262. D. Select Granular Borrow (Modified): Conform to the following gradation requirements: Sieve Size Percent Passing #40 Oto 40 #200 0 to 5 E. Salvaged Aggregate: Conform to MnDOT Spec. 3149.2A. F. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. EXCAVATION AND FILL © 2015 Stantec 1 19380XXXX 31 23 00 - 2 PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3B, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 2. Where embankment is to be constructed over locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein: 1. Perform excavations to the alignment, cross section, and grade as shown on the Drawings. 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. Remove muck excavation material by utilizing a backhoe so as to minimize disruption to the bottom of the excavation. 4. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 5. The Contractor shall remove rock encountered at locations along roadways in line with piping. This shall be considered Rock Excavation, as defined in MnDOT Spec. 2105.2A2. 6. No solid rock will be allowed within 12 inches of the subgrade. 7. Provide and maintain temporary drainage facilities until permanent facilities are completed. 8. Cut, fill, and grade Site to elevations and contours shown on the Drawings with allowances for pavements, topsoil, and structures. B. Contractor may store up to 6,000 CY of granular material at the City's Public Works Building. Contractor shall verify with Owner prior to using this site. (Added By Addendum No. 2). 3.04 STRUCTURE EXCAVATIONS A. Excavate additional materials for structures, utility trenches, and base material. B. Excavate to lines, grades and dimensions indicated on the Drawings. C. Excavations shall be large enough to allow for the construction and inspection of utilities and structures, including all form work. D. No structure excavation shall have side slopes steeper than that considered safe for the soils and Site conditions encountered. Side slopes shall meet all OSHA requirements. An EXCAVATION AND FILL © 2015 Stantec 1 19380XXXX 31 23 00 - 3 Excavation Plan shall be submitted describing construction sequencing, limits of excavations, methods of protection for surrounding pipes and structures, and locations and extent of temporary bracing and sheeting employed. Such Excavation Plan shall be prepared or reviewed, approved, and signed by a geotechnical engineer registered in the State of Minnesota. E. Remove all organic and clay materials and material not suitable for load bearing structures. F. Excavate soft spots, fill with aggregate backfill material and recompact to densities specified. G. Backfill excavations made too deep with aggregate backfill and compact. H. Surface compact natural and fill soils prior to placing reinforcing steel. I. Contractor may use 4 to 6 inches of clear rock as a mud mat for a working platform for steel placement. This mud mat shall not displace any concrete thickness required. J. Protect bottom of excavation from frost at all times. Do not place foundations, footings, slabs, or fill on frozen soil. 3.05 USE AND STORAGE OF EXCAVATED MATERIALS A. Incorporate suitable excavated material into backfill around structures, embankments, trenches for piping and roadways. B. Use excavated materials which are unsuitable or exceed quantity needed as non- structural, grassland fill. C. Do not stockpile excavated materials near or over existing facilities, adjacent property, or completed work, unless approved in writing as part of Excavation and Embankment Plan. D. Do not place snow, ice, or frozen material in embankment fill or in backfill. E. Do not place stone or concrete fragments exceeding 3 inches in any dimension into the embankment fill or in backfills or trench backfills. F. Confine stockpiles to within property lines of the proposed water treatment facility site, refer to Drawings. G. All material needed for construction and grading, with the exception of topsoil, is to be excavated from within the Site limits. Contractor shall excavate material from approved areas if additional fill is required. 3.06 PLACING FILL AND BACKFILL A. Outside influence areas, beneath piping, structures, slabs, and other facilities and pipe trench backfill, place materials as follows: 1. Allow for 4 inch thickness of topsoil in sodded areas. 2. Allow for an additional 12 inch thickness of cohesive soil (clayey sand or sandy lean clay) to retard infiltration of water. 3. Maximum 6 -inch thick lifts. 4. Compact to minimum 100 percent of maximum density as determined in accordance with standard compactive effort ASTM D698. EXCAVATION AND FILL © 2015 Stantec 1 19380XXXX 31 23 00 - 4 5. Dress complete embankment, backfill, or fill with allowance for topsoil, surfacing, or slope protection where applicable. B. Foundation Preparation: 1. Compact upper 12 inches of foundation soils to 100 percent of maximum dry unit weight as determined by ASTM D698. 2. Replace unsuitable foundation soils in accordance with Subparagraph 3.06.E.3. C. Backfill Around Structures: 1. Backfill to top of structures, unless otherwise shown, with free draining granular soil, less than 12 percent by weight passing a #200 sieve, in 6 -inch lifts. Compact each lift to minimum 95 percent of the Standard Proctor Density as determined by ASTM D698. 2. Fine grained soils are moisture sensitive and are often wet (water content exceeds the "optimum moisture content" defined by the Proctor test). In this case, the soils shall be scarified and dried to achieve suitable water content for compaction. D. For areas beneath unpaved roadways, place materials in accordance with MnDOT Spec. 2105.3.E, except as follows: 1. Upper 3 Feet of Roadbed: Maximum 8 inch thick loose lifts. Compact to minimum of 100 percent of maximum unit weight determined in accordance with ASTM D698 standard compactive effort. 2. Remainder of roadbed, maximum 12 inch thick lifts. Compact to minimum of 95 percent of maximum unit weight determined in accordance with ASTM D698 standard compactive effort. 3. Provide moisture control for compaction requirements. 4. All common material shall be used from on Site and be incidental to the Contract. E. Replace excavation carried below grade lines shown as follows: 1. Beneath Fill or Backfill: Same material as shown for overlying fill or backfill. 2. Permanent Cut Slopes (where overlying area is not to receive fill or backfill). Replace excavated material with Granular Borrow. 3. Beneath Footings and Base Slabs: a. Remove softer, fine and fill with clayey soils to retain foundation slab grades. Fill material shall be sandy lean clay or clayey sand compacted to: 1) 100 percent Standard Proctor Density (ASTM D698) required to attain grade for footings. 2) 100 percent Standard Proctor Density (ASTM D698) required to support floor slab only (outside the 1:1 oversized zone below footings). 4. Fill placed under floor slabs/foundations shall extend from planned edges of the foundations to a distance equal to at least 1 foot for each vertical foot of compacted fill required beneath the foundation at that location (1:1 oversize), refer to Drawings. 3.07 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. Strip topsoil consistent with Section 31 10 00. 2. No disposition of bituminous millings will be permitted. 3.08 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 32 92 00. EXCAVATION AND FILL © 2015 Stantec 1 19380XXXX 31 23 00 - 5 3.09 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). If the Contractor wishes to use soils which are not at the needed water content, it is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition such that the entire profile (entire lift thickness) attains the minimum specified compaction level. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.10 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL © 2015 Stantec 1 19380XXXX 31 23 00 - 6 SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SUMMARY A. SECTION INCLUDES 1. Grading, shaping, and compacting subgrade prior to placing a base or surface course. B. RELATED SECTIONS 1. Section 31 23 00 - Excavation and Fill. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 21 1 1 - Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material if excavation and rough grading of subgrade is not performed under this Contract. B. Subgrade preparation shall be performed on the existing gravel base prior to placement of additional gravel base material. C. Subgrade preparation shall be performed prior to placement of the concrete curb and gutter. D. Complete subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. E. Subgrade preparation shall be performed prior to placement of the bituminous/aggregate base course. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION © 2015 Stantec 1 193803415 31 23 13 - 1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein: 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below: 1. Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. END OF SECTION SUBGRADE PREPARATION © 2015 Stantec 1 193803415 31 23 13 - 2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 01 - Flexible Paving (Municipal Projects). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. AGGREGATE BASE COURSES © 2015 Stantec 1 193803415 32 11 23 - 1 B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Class 2 aggregate. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 ****** [OR] ****** 1. Compaction shall be done by the Quality Compaction Method. ****** [OR] ****** 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2015 Stantec 1 193803415 32 11 23 - 2 SECTION 32 12 01 FLEXIBLE PAVING (MUNICIPAL PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement dated. A copy can be found at http://www.dot.state.mn.us/pre-letting/spec/2014/2014-Std-Spec-for- Construction.pdf a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat 3. 2535 - Bituminous Curb 4. 3139 - Graded Aggregate For Bituminous Mixtures 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.3E and 2360.4F, and Division 1. B. Submit mix design report for all projects, regardless of the size of the project. C. Submit Q/C results in accordance with MnDOT Spec. 2360.4F. 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. B. The Contractor shall provide a 1 -week notice for scheduling. Inspection will be coordinated with other inspections at the Site. FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2015 Stantec 1 193803415 32 12 01 - 1 PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form.Conform to MnDOT Section 2360.2, except as modified herein 1. Recycled Asphalt Shingles are not allowed in wear or non -wear course pavements. 2. Sewage Sludge Ash (SSA) is not allowed in wear or non -wear course pavements. C. Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1 H. D. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.2G, except as modified herein. 1. Quality Control (QC) Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of Contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.11 for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer, testing rates will not exceed Table 2360.10 and 2360.11 a. A verification sample will be taken by the Engineer. The Contractor will be required to use the verification companion sample as part of the QC testing program. PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. C. The bituminous patch shall match the thickness and cross section of the existing bituminous. Lifts shall not exceed 2 inches. D. Preparation of Bituminous Prior to Final Lift: 1. Final clean-up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjustment of structures as specified in Section 33 05 17. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight and bituminous tack coat applied prior to placement of each bituminous course (lift). FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2015 Stantec 1 193803415 32 12 01 - 2 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein: 1. All surfaces checked and approved by the Engineer prior to paving. 2. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. 3. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat, is 50 degrees F or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.5C. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions: 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: 1. Conform to MnDOT Spec. 2321.3C1. D. Road Surface Preparation: 1. Conform to MnDOT Spec. 2357.3C. E. Application: 1. At a uniform rate conforming to MnDOT Spec. 2357.3D1, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.6, except as modified herein: 1. Pathways, driveways, small parking lots, leveling courses, and patching shall conform to Section 2360.6C - Ordinary Compaction Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.7, except as modified herein: 1. Delete Section 2360.7C Pavement Smoothness. END OF SECTION FLEXIBLE PAVING (MUNICIPAL PROJECTS) © 2015 Stantec 1 193803415 32 12 01 - 3 This Page Left Blank Intentionally SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and be included in the Lump Sum Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00 - Submittal Procedures. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance - Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection: 1. The establishment period for sod is 60 days. 2. The establishment period for seeded areas is 1 year. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. TURF AND GRASSES © 2015 Stantec 1 193803415 32 92 00 - 1 PART 2 PRODUCTS 2.01 TOPSOIL: Topsoil Borrow Conforming to MnDOT Spec. 3877.2A. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.03 SOD: Conform to MnDOT Spec. 3878.D - Mineral Sod. 2.04 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. B. Temporary Mix: MnDOT Mixture 130. 2.05 MULCH: A. Conform to Section 01 57 13. 2.06 HYDRAULIC SOIL STABILIZER (HYDROMULCH): A. Conform to Section 01 57 13. 2.07 EROSION CONTROL BLANKET: A. Conform to Section 01 57 13 PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. TURF AND GRASSES © 2015 Stantec 1 193803415 32 92 00 - 2 3.02 DELIVERY AND STORAGE A. Delivery: 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage: 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.05 PLACING SOD A. Conform to MnDOT Spec. 2575.31. 3.06 MULCH: A. Conform to Section 01 57 13. 3.07 EROSION CONTROL BLANKET: A. Conform to Section 01 57 13. 3.08 HYDRAULIC SOIL STABILIZER (HYDROMULCH): A. Conform to Section 01 57 13. TURF AND GRASSES © 2015 Stantec 1 193803415 32 92 00 - 3 3.09 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Any sod that does not show definite growth and establishment 60 days after installation shall be replaced and established at the proper season by the Contractor at his/her expense. C. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual - Maintenance Requirements for year 1. D. Watering of sod areas shall be done for a minimum period of 60 days from installation sufficient to ensure establishment of permanent vegetation. 3.10 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. END OF SECTION TURF AND GRASSES © 2015 Stantec 1 193803415 32 92 00 - 4 SECTION 33 01 16 STEEL WATER RESERVOIR REPAIRS PART1 GENERAL 1.01 SECTION INCLUDES A. Structural repairs and modifications to the interior and exterior of Lino Lakes' 1,000,000 Gallon Fluted Column Elevated Water Tower. All references to Photographs or Drawings are included in these Specifications: 1. Interior Wet Structural: a. Seal weld the inside of the following joints; between the roof plate and the 30 -inch diameter access manway, between the roof plate and the 24 -inch diameter ventilation manway, between the roof and the 48 -inch diameter drywell tube, the inside of the dollar plate butt joints, and the overlapped dollar plate to roof plate seam. See photos 2 through 8 in Section 00 31 00. b. Remove the four painter's rigging pipe couplings in the roof and install cover plates over the resultant holes, seal welded on both the interior and exterior. See photos 6 in section 00 31 00. c. Seal weld all bolted roof -framing connections at the center compression ring with 1/4 -inch fillet weld. After welding, remove all nuts and bolts. This will conform to AWWA D100-11. See photos 2,7,8 in Section 00 31 00. d. Seal weld all un -welded connections of the 42 roof rafters to the shell rim angle. This will conform to AWWA D100-11. See photos 11 and 12 in Section 00 31 00. e. Caulk to annular space between the shell rim angle and the roof plate. See Photos 11 and 12 in Section 00 31 00. f. Install two (2) interior painter's rails to improve rigging for the roof and shell areas of the tower. Install one rail on the roof near the tower shell, and one at an intermediate location. See photos 8 through 12 and KLM Drawing No. 36 in Section 00 31 00. g. Grind off all erection scab marks and weld spatter and other surface defects below the High Water Level by air arc gouging, cutting torch or grinding. Repair the tank surface by welding and grinding. This will require an estimated 50 -labor hours of welding and grinding. h. Grind off all weld spatter and other surface defects below the High Water Level. This work will require an estimated 15 labor hours of welding and grinding. i. Remove all portions of the abandoned Cathodic Protection system. This includes all support brackets and removal of the bowl penetration and seal welding a plate in the resulting hole. See photos 21 and 33 in Section 00 31 00. j. Replace the gasket on the 24 -inch diameter round bowl manway. See photo 23 in Section 00 31 00. 2. Interior Dry Structural: a. Remove and replace the inoperable pipe -style safety climb device on the ladder in the drywell tube with a new OSHA compliant cable -style ladder safety climb device. See photos 25 through 27 and KLM Drawing No. 21 in Section 00 31 00. Similarly, install cable -style ladder safety climb devices on the ladder to bowl manway and to all other six interior dry fixed ladders. See photo 33 in Section 00 31 00.Replace the existing 10 -inch tank vent with a 24 -inch diameter removable top mushroom vent, similar to the one shown on KLM Drawing No. 37. See photo 38 in Section 00 31 00. The new vent and vent screen design should meet AWWA D100-05 and local Health Department Regulations. b. Install ports in the center of the drywell tube floor and the condensate ceiling to facilitate containment. See photos 28,29 and 36 and KLM Drawing No. 52 in Section 00 31 00. STEEL WATER RESERVOIR REPAIRS © 2012 Stantec 1 193802262 33 01 16 - 1 c. Install a new 24 -inch diameter, pressure style manway in the upper bowl. This will bring the tank into compliance with OSHA Confined Space Entry requirements. This manway should include a ladder from the top platform to the bowl for safe access. See KLM Drawing No. 26 in Section 00 31 00. 3. Exterior Structural a. Install three (3) 24 -inch diameter round, hinged cover, roof ventilation manways with two located near the roof edge approximately 180 degrees from each other and one adjacent to the new interior painters rail. See KLM Drawing No. 25 in Section 00 31 00. b. Replace the tank vent/finial with a 24 -inch diameter frost free pressure pallet vent with a removable top, similar to the one shown on KLM drawing no. 37 in Section 00 31 00. 1.02 MEASUREMENT AND PAYMENT A. A Lump Sum Bid Item is provided for Structural Repairs and Modification, which includes all items listed in Part 1.01 of this Section, except for Items g and h listed in Part 1.01.A.1. Lump Sum Bid Item is for all work generally described by the Bid Item that is shown, specified, or implied by the Contract Documents. B. A Unit Price Bid Item is provided for Welding, Grinding, and Removal of Erection Bracket Scab Marks and Weld Spatter. Payment by the man-hour for pit welding, grinding, or removal of the erection bracket scab marks shall be compensation in full for all labor, equipment, and materials for this work. Welding and grinding attributable to specified repairs, modifications, or specified seal welding will not be paid hourly, since it is covered in the Lump Sum Bid Items. 1. The unit price for surface repairs shall include all costs for labor, materials, and equipment to properly complete all work as described above, including all incidental work as shown on the drawings, described in the specifications, or otherwise required to complete the work. Measurement of the man-hours required to complete the surface repairs shall include each hour of labor performed to physically repair by welding or grinding existing surface defects to the required condition. Measurement will be made for each man-hour performed by the Contractor to complete the work. Such measurements of surface repair man-hours will be recorded and made by the Engineer and all decisions will be final. All work incidental to performing these surface repairs, including but not limited to rigging, blasting and surface preparation, or otherwise required to complete the work shall be included in the unit price for the work. The services of a person on the ground (ground man), as required by OSHA, during times when surface repair work is being performed, shall also be considered incidental work, and expenses for such work or services shall be included in the unit price for the work. Hours for a ground man will not be included in the measurement of the surface repair man-hours. C. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit shop drawings for the following items: 1. Bowl pressure style manway per Paragraph 1.01.A.2.c. 2. Fail-safe (pressure -vacuum relief) with removable vent per Paragraph 1.01.A.2.a. 3. 24 inch diameter hinged roof manway per Paragraph 1.01.A.3.a. 4. Interior roof intermediate painters rails per Paragraph 1.01.A.1.f 5. Safety Climb Devices per Paragraph 1.01.A.2.a 6. Dry platform containment ports per Paragraph 1.01.A.2.b 1.04 QUALITY ASSURANCE STEEL WATER RESERVOIR REPAIRS © 2012 Stantec 1 193802262 33 01 16 - 2 A. Standards: The design, fabrication, and installation of the additional items for this water reservoir shall be in accordance with the requirements of the current American Water Works Association Specification ANSI/AWWA D100 for Welded Tanks for Water Storage. B. Approvals: The requirements of OSHA and the Minnesota Industrial Commission shall be followed for the design and construction of the additional items and all other pertinent aspects of OSHA shall be followed in carrying out this Contract. PART 2 PRODUCTS 2.01 STEEL MATERIAL A. All steel material shall be A36 rolled sections and plates. 2.02 GASKETS A. Buna-N Rubber with a durometer hardness of 50 on the Shore Scale as manufactured by Power Process Equipment, phone (612) 937-1000. B. For flat cover ventilation manways, roof vents and similar applications use a flat style gasket that is 1/8 -inch thick and use either a neoprene or an EPDM material with a durometer hardness of 50 on the Shore A scale. STEEL WATER RESERVOIR REPAIRS © 2012 Stantec 1 193802262 33 01 16 - 3 PART 3 EXECUTION 3.01 STRUCTURAL REPAIRS AND MODIFICATIONS A. Furnish, install, and/or perform all structural repairs and modifications as listed in 1.01.A. B. Repair by welding and grinding the erection scab marks, weld splatter, and poor welds as listed in 1.01.A. C. Modify and add new tank accessories as listed in 1.01.A. D. All repairs by welding shall be ground smooth or radiused. These will be welded by a skilled, certified welder under the direction of the Engineer or Resident Project Representative. All welders shall be certified in conformance with ASME Section IX and shall submit current copies of all the welders' certifications to the Engineer and the Owner. The repaired areas shall conform to the surface preparation requirements of NACE Standard SP0178-2007 as contained in Section 00 31 00 of these Specifications. E. All erection scab marks shall be removed and repaired by welding and grinding to restore the plate to a smooth, flush condition. All weld spatter shall be removed by grinding in conformance with the requirements of Appendix C. All weld defects shall be removed and repaired by welding and grinding in conformance with the requirements of Appendix C, NACE Weld Preparation Designation "C". Included in this work, but not limited to, are the radius grinding of all sharp edges on the overflow weir box, inlet/outlet pipe, painters rigging brackets, stiffener rings, manway curbs and covers. F. The repaired areas shall conform to the surface preparation requirements of Section 4 Appendix C, NACE Standard SP0178-2007, NACE Weld Preparation Designation "C". END OF SECTION STEEL WATER RESERVOIR REPAIRS © 2012 Stantec 1 193802262 33 01 16 - 4 EL. HIGH WATER EL. 74' LOW WATER EL. TOP OF FOOTING —111 -111 -111 -11I - WATER TOWER ELEVATION LINO LAKES, MINNESOTA FIGURE: 2 TOWER NO. 1 - 1,000,000 GALLON WATER TOWER REHABILITIATION DATE: 12/23/2015 P ROJ. NO.: 193803415 Stantec 2335 Highway 36 W St. Paul, MN 55113 www.stantec.com This Page Left Blank Intentionally 1 1 N Y.: r 10°494 -4- A K E NOTES: BASE BID - COLORS AS SHOWN ALT. NO. 1 BID - ENTIRE LOGO AS ONE COLOR WATER TOWER LOGO AND NAME SIGN F 12" x 12" GRID LINO LAKES, MINNESOTA FIGURE: 3 TOWER NO. 1 - 1,000,000 GALLON WATER TOWER REHABILITIATION DATE: 12/23/2015 PROJ. NO.: 193803415 Stantec 2335 Highway 36 W St. Paul, MN 55113 www.stantec.com CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: December 28, 2015 TOPIC: Resolution No. 15-155, Accepting Quotes and Awarding a Construction Contract, 2015 Surface Water Management Project VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting authorization to accept quotes and award the 2015 Surface Water Management Project contract. BACKGROUND Quotes were received for the above -referenced project on December 19, 2015. The quotes were checked for mathematical accuracy and tabulated. Contractor Amount of bid Dresel Contracting, Inc. $171,900.00 Olson's Excavating Service $58,522.72 Engineer's Opinion of Cost $70,000.00 The low bid was submitted by Olson's Excavating Service, Forest Lake, Minnesota, in the amount of $58,522.72. The substantial completion date for this project is July 15, 2016. RECOMMENDATION Staff recommends adoption of Resolution No. 15-155 accepting quotes and awarding a construction contract for the 2015 Surface Water Management Project, in the amount of $58,522.72 to Olson's Excavating Service. ATTACHMENTS 1. Resolution No. 15-155 2. Olson's Excavating Service Quote CITY OF LINO LAKES RESOLUTION NO. 15-155 RESOLUTION ACCEPTING QUOTES, AND AWARDING THE CONSTRUCTION CONTRACT, 2015 SURFACE WATER MANAGEMENT PROJECT WHEREAS, quotes were solicited for the 2015 Surface Water Management, quotes were received, opened and tabulated according to law, and the following quotes were received: Contractor Amount of bid Dresel Contracting, Inc. $171,900.00 Olson's Excavating Service $58,522.72 Engineer's Opinion of Cost $70,000.00 AND WHEREAS, it appears that Olson's Excavating Service is the lowest responsible quoter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Olson's Excavating Services on behalf of the City of Lino Lakes for the 2015 Surface Water Management according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. Adopted by the Council of the City of Lino Lakes this 28th day of December, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Jeff Reinert, Mayor ATTEST: Julianne Bartell, City Clerk www.olsonsinthepink.com Keep Your Sewer in the Pink! Olson's Sewer Service, Inc. • Olson's Excavating Service 17638 Lyons Street NE Forest Lake, MN 55025 (612) 464-2082 • Fax: (651) 464-9029 PROPOSAL SUBMITTED TO City of Lino Lakes, ATTN: Ed Youngquist PHONE 651-982-2455 DATE 12/23/2015 STREET 600 Town Center Parkway JOB NAME Lino Lakes Sediment Control CITY, STATE AND ZIP CODE Lino Lakes, MN 55014 JOB LOCATION ARCHITECT/DESIGNER DATE OF PLANS EMAIL eyoungquist@wsbeng.com We hereby submit specifications and estimates for: Site #1 7257 Meadow Court Place 150' of mats, remove two small trees, salvage existing rip rap, scrape up dirt that eroded from the flared end, haul in, and place 1 — 12 cubic yard load of Anoka County sand, haul in, and place 1 — 12 cubic yard load of topsoil, install non -woven fabric, and place salvaged rip rap, install seed, fertilizer, and two sided erosion blanket, install 30' of bio -roll, remove mats. The cost is $3942.92. Site #2 630 Lois Lane Place 128' of mats, utilize existing dirt by the flared end to replace eroded dirt, haul in 12 tons of 6' to 12' rip rap, install non -woven fabric, place rip rap, haul in up to 12 cubic yards of topsoil, install seed, fertilizer, and two side erosion blanket, install 30' of bio -roll, remove mats, sweep road where topsoil and rip rap were dumped. The cost is $4434.31. Site #3 1588 LaMotte Circle Place 128' of mats, load, haul away and dispose up to 60 cubic yards of soil, clean end of culvert, remove mats. The cost is $3510.00 Site #4 6385 Deerwood Lane Install 128' of mats on the east side and 50' on the west side, remove tree on the west side, load, haul away and dispose 60 cubic yards on the east side and 40 cubic yards on the west side, clean culvert ends, remove mats. The cost is $4366.00 Site #5 2231 LaCasse Drive Install 260' of mats, remove two small trees, install 1 mat between east and west flume, remove east and west side flumes, place removed dirt on the north side of the pond, install seed, fertilizer, and bio -roll on north side of pond, install 60' of bio -roll on north side of pond, install seed, fertilizer, and erosion blanket on west side of pond. Install 60' of bio -roll on west side of pond, remove mats. This cost is $4633.95 Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date. Any additional costs will be added to the bill for interest, legal expenses, attorney fees, and /or collection costs. We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: AS STATED ABOVE Payment to be made as follows: TO BE PAID IN FULL UPON COMPLETION. A SIGNED CONTRACT IS NECESSARY TO PERFORM THE WORK DESCRIBED ABOVE. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's insurance. Authorized Signature JON M. OLSON Note: We may withdraw this proposal if not accepted within 30 days. Acceptance of Proposal conditions are satisfactory do the work as specified. Date of Acceptance — The above prices, specifications and and are hereby accepted. You are authorized to Payment will be made as outlined above. X Signature X Signature www.olsonsinthepink.com Keep Your Sewer in the Pink! www.olsonsinthepink.com Keep Your Sewer in the Pink! Olson's Sewer Service, Inc. • Olson's Excavating Service 17638 Lyons Street NE Forest Lake, MN 55025 (612) 464-2082 • Fax: (651) 464-9029 PROPOSAL SUBMITTED TO City of Lino Lakes, ATTN: Ed Youngquist PHONE 651-982-2455 DATE 12/23/2015 STREET 600 Town Center Parkway JOB NAME Lino Lakes Sediment Reduction CITY, STATE AND ZIP CODE Lino Lakes, MN 55014 JOB LOCATION ARCHITECT/DESIGNER DATE OF PLANS EMAIL eyoungquist@wsbeng.com We hereby submit specifications and estimates for: Site #1 6396 Nancy Drive Remove 48 cubic yards of sediment from the NW corner of the pond. Remove 24 cubic yards of sediment from the SW corner. Remove 5 small trees, remove 24 cubic yards of sediment, and reconstruct the weir on the SE corner of the pond. The cost is $5252.00 Site #2 6922 Black Duck Drive Install 160' of mat, remove 6 — 6" to 8" trees, excavate and remove up to 48 cubic yards of sediment, due to the narrow space. We will have to carry the sediment to the road with a compact track loader, remove mats. The cost is $5139.00 Site #3 1574 Merganser Court Install 125' of mat, cut down and remove a 12" tree and a clump of brush, excavate and remove up to 36 cubic yards of sediment, remove mats. The cost is $3660.50. Site #4 6522 Whitetail Trail Install mats; haul in 72 cubic yards of sand fill to level the edge of the pond to create a level work pad for a long reach back- hoe. We will load and haul away up to 240 cubic yards of sediment. We will remove the 72 cubic yards of sand fill. We will install, seed, fertilize and put erosion blankets on the disrupted slope area. City will pump off water. The cost is $23584.04. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied the labor or material for the improvement and who gave you timely notice. We reserve the right to file a lien if payment in full is not received within 30 days of the invoice date. Any additional costs will be added to the bill for interest, legal expenses, attorney fees, and /or collection costs. We Propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: AS STATED ABOVE Payment to be made as follows: TO BE PAID IN FULL UPON COMPLETION. A SIGNED CONTRACT IS NECESSARY TO PERFORM THE WORK DESCRIBED ABOVE. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's insurance. Authorized Signature JON M. OLSON Note: We may withdraw this proposal if not accepted within 30 days. Acceptance of Proposal conditions are satisfactory do the work as specified. Date of Acceptance — The above prices, specifications and and are hereby accepted. You are authorized to Payment will be made as outlined above. X Signature X Signature www.olsonsinthepink.com Keep Your Sewer in the Pink!